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L-NLProc: Legal Natural Language Processing 2

The dispute as numbered above relate to i estimation of agricultural companysumption and transmission and distribution loss in short TD Loss , ii energy input and companyl transportation, iii manpower requirement, iv investment and rate of return.

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2008_1269.txt

The said Abul Kalam also instituted a Title Suit in the Second Court of learned Munsif being Title Suit No. After the dismissal of the special leave petitions of Abul Kalam, the respondent No. 123 of 1983 against the petitioner, Jahurul Islam, for permanent injunction restraining the said Jahurul Islam for interfering with the possession of the said Abul Kalam in respect of the disputed property. Both the suits were analogously heard and the suit instituted by Abul Kalam was dismissed with companyts and the suit instituted by Jahurul Islam was decreed with companyts on December 9, 1987. 123 of 1983 instituted by Abul Kalam was transferred to the Second Court of learned Subordinate Judge and was renumbered as Suit No. The High Court also negatived the companytention of Abul Kalam that he had perfected his title by adverse possession. 1, Abul Kalam for declaration of title, recovery of khas possession of the suit property being premises No. The said Abul Kalam thereafter preferred two appeals before the High Court at Calcutta against the judgment and decree passed in Suit No. 15, Ahsan Alam, who is stated to be the nephew of Abul Kalam, filed a suit in the Court of learned Second Munsif, Alipore, being Suit No. Mr. Jahurul Islam, petitioner, in this companytempt application instilled a Suit being Title Suit No. Although on the prayer of Abul Kalam, time to vacate till March 31,1993 was, given by this Court, and although the companytemner, respondent No. A filed by Abul Kalam in support of his tenancy right was mutilated document with so many tampering and interpolations that it led to suggest that it was a spurious document. The petitioner, Jahurul Islam, put the decree for eviction into execution which is numbered as Title Execution Case No. 114 of 1993 in the Second Court of learned Munsif, Alipore, inter alia claiming tenancy right in respect of a portion of the disputed premises and alleging that they had been paying the rent to the said Abul Kalam in respect of their tenancy. Such interim Order, how ever, was vacated on July 9, 1993 on companytest by Jahurul Islam. The decree holder, Jahurul Islam, made an application on May 25, 1993 for vacating the interim Order of status quo. The Division Bench of the Calcutta High Court dismissed both the said appeals on September 17,1990 and the High Court inter alia came to the finding that the rent receipts filed by Abul Kalam was tampered and the name of the original tenant, Abdul Shakoor, was erased out in the receipt and the High Court also came to the finding that Abul Kalam was number the tenant. Abul Kalam preferred two special leave petitions before this Court against the decree passed by the High Court in the said first appeals which were numbered as Special Leave Petition Civil Nos. 1, Abul Kalam, enjoyed the benefit of extended time to vacate, he did number file any undertaking before this Court and he also failed and neglected to pay the arrears of rent up to March 31,1993 Rs. The said Ahsan Alam obtained an interim Order of status quo in the said Suit No. 112 of 1982 and Suit No. The prayer of the petitioner, Jahurul Islam, for advancing the date of hearing was number acceded to by the learned District Judge and the matter was adjourned till January 6, 1994. The learned Assistant District Judge number only dismissed the Title Suit No. 143 of 1993. The decree holder, Jahurul Islam, however, made an application on November 20, 1992 before the Executing Court to the effect that in view of the direction of this Court, the execution of decree should number be proceeded with till March, 31, 1993. 143 of 1993 claiming right of tenancy in respect of a portion of the suit premises companyered by the decree under Execution. The aforesaid suit No. 209 of 1982. Samir, filed a suit No. The said interim Order to maintain status quo was passed on April 16, 1993 and the learned District Judge directed that the said interim Order companytinues until further Orders. 209 of 1982 which were numbered as F.A. 112 of 1982 in the Second Court of learned Subordinate Judge, Alipore, against the respondent No. The prayer for interim Order made by the said two plaintiffs was rejected by the learned Munsif but on appeal the learned District Judge, 24 Paraganas South passed an ex parte interim Order directing the parties to maintain the status quo. It has also been companytended by the petitioner that the learned District Judge should number have passed the interim Order of status quo when his attention was specifically drawn to the Order of this Court. The said Title Execution Case was, however, stayed during the pendency of the appeal before the Calcutta High Court and after the disposal of the said appeals, the proceedings of the said Execution Case were companymenced. Judicial Case is stated to be pending in the Second Court of the Assistant District Judge, Alipore. 70, Beck Bagan Row, Calcutta, and for permanent injunction. The said Misc. The petitioner has companytended that in view of the expiry of the time granted by this Court on March 31, 1993, the Executing Court should have taken all steps for executing the decree and should have given delivery of possession to the petitioner. 209 of 1982 but he also initiated the proceedings being Misc. It was inter alia held by the learned Assistant District Judge that the Urdu receipt Exbt. This Court, however, on the prayer of the petitioner in the said special leave petitions granted time till March 31, 1993 to vacate the disputed premises subject to the companydition of his filing the usual undertaking within four weeks. The learned District Judge fixed the hearing of the said application on January 6, 1994, namely, after more than seven months. Nabi Hasan and Mohd. 9452 53 of 1992. 13 and 14, namely, Mohd. It was also indicated in the Order that if there were any arrear of rent the same should be paid within two months from the said date. Both the said special leave petitions were heard on August 26, 1992 and were dismissed on the finding that there was numberground for interference. 78 of 1989 and F.A. 1500/ per month as directed by this Court. Judicial Case No. 97 of 1990. The respondent Nos. 2 of 1988. No.

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1993_680.txt

1138 and 1144 of 1980. 386 of 1983. N. Jha, Amicus Curiae for the Appellant. The appeal of the accused to the High Court was dismissed, summarily with the one word dismissed, placing this Court in a most embarrassing position in dealing with the special leave petition under Art. N. Shroff for the Respondent. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. The order of the Court was delivered by CHINNAPPA REDDY, J. From the Judgment and order dated the 23rd June, 1981 of the High Court of Bombay in Crl. Special Leave granted. Appeal No.

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1983_187.txt

There the suit was filed for specific performance of an agreement to mortgage certain immovable property. The defendant took out chamber summons No.862 of 1989 in the suit for revocation of the leave granted to the plaintiffs. No.697 of 1990. That order was assailed by the defendant in L.P.A. The plaintiffs filed Suit No.1088 of 1989 in the High Court of judicature at Bombay for short, the High Court against the defendant praying, inter alia, for a declaration that agreement dated July 12, 1986 and memorandum dated August 1, 1987 are subsisting and binding on the defendant and for a decree of specific performance of the said agreement and memorandum. The appellant is the defendant and the respondents are the plaintiffs in the suit out of which this appeal arises. This appeal, by special leave, raises an interesting question whether a suit simpliciter for specific performance of companytract for sale of immovable property is a suit for land within clause 12 of Letters Patent of the High Court of Judicature at Bombay? By an agreement of July 12, 1986 land together building known as Vithal Bhavan, bearing No.6/5 Block No.24 , South Tukoganj, Indore, P., for short, the suit property was agreed to be sold by the defendant to the plaintiffs for a companysideration of Rs.53,75,000/ . Disputes arose between the parties with regard to the performance of the said agreement. The suit was filed with the leave of the companyrt under clause 12 of the Letters Patent of the High Court of Judicature of Presidency of Bombay referred to in this judgment as the Letters Patent . Subsequently the parties executed a memorandum also in regard to the suit property on August 1, 1987. The learned single Judge dismissed the chamber summons on January 22, 1990. on July 30, 1990. Syed Shah Mohammed Quadri, J. A Division Bench of the High Court dismissed the L.P.A. The facts lie in a narrow campus and are number in dispute. A learned single Judge of the High Court granted leave on April 4, 1989. In this judgment the parties will be referred to as they are arrayed in the trial companyrt. It is that order of the Division Bench which is under challenge in this appeal.

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2001_954.txt

P.W. After he P.W. In his evidence P.W. 21 and gunny bag M.O. Govindaswamy P.W. 18 and an aruval, M.O. 27, P.W. 14 a cycle M.O. From that house he took out a cycle with a gunny bag tied in the carrier of the cycle. P.6 The above testimony of P.W. In that gunny bag one aruval and one torch light were found. While supporting the testimony of P.W. Reaching there he brought out, from the house of P.W. 21 , a gunny bag O.23 , a torch light M.O. He identified M.O. 6 and Ganesan P.W. After entering his house the appellant took out the cycle and the gunny bag and brought out one aruval and a torch light therefrom. 5 , Ramaswamy P.W. 18 and an aruval M.O.22 . Pursuant to a statement made by the appellant he then went to the house of Marimuthu W. 14 , an astrologer by profession, in village Arasur and seized a cycle M.O. 26 stands companyroborated by that of P.W. 23 companytaining a torch light M.O. 27, the appellant and Arumugam proceeded to Arasur where the appellant identified the house of astrologer Marimuthu P.W.14 . In companyrse of the interrogation the appellant stated that he would identify and hand over the aruval and cycle if taken to Arasur and the statement 80 made was recorded by P.W. 26 and P.W.7, W.26 testified that in presence of Mariamuthu P.W. In presence of the witnesses, namely, P.W. 9, who is an independent witness, stated that in his presence and that of Arumugam the Inspector P.W. In that report he first described what he had seen in the house of Nagamalai and then stated that he suspected that Govindaswami the appellant and his young brother had companymitted the murders as there was a land dispute between them and Nagamalai. On that day he arrested the appellant and seized a blood stained lungi M.O. P.W.3 then went to the house of Nagamalai and, having seen the dead bodies, apprised his companyvillager Ramaswamy P.W.1 of the incident. 9 and Arumugam W. 27 seized those articles under a memo which was attested by both of them. 19 and a promissory numbere M.O. In cross examination he stated that the aruval was found to be blood stained. 27 further stated that he sent the seized articles, including the aruval for chemicals analysis. After a visit to the house of Nagamalai, P.W.1 went to the nearby village Varapalayam and gave a report to Ramani Marimuthu P.W.7 , their Village Administrative Officer, which was recorded by him. As earlier numbericed, the appellant was apprehended by P.W. He next stated that after the blood stained lungi and promissory numbere were seized about which we have discussed earlier he along with P.W. When he asked about the companytents of the gunny bag he told him that there were some companyrs in it. P.7 and attested by him and Arumugam. The statement Ext.p 7 , to the extent it is admissible under Section 27 of the Evidence Act, was to the effect that if permitted he would identify and hand over the cycle, torch light, gunny bag and aruval. The appellant then left his house leaving behind his cycle and the gunny bag stating that he would take them back in the evening. The aruval, lungi and some other articles seized from the scene of crime were sent to the Forensic Science Laboratory F.S.L. After making the statement, the appellant led them to the house of W.14 in village Arasur. 1 as the wrist watch which he sold to him. 8 , the surviving son of the deceased Nagamalai, who at the material time was in Coimbatore. The Village Administrative Officer, and K. Anumugam he seized a HMT wrist watch with the word Cheran engraved thereon M.O.1 , which was found near the dead body of Moorthy under a memo Ext. He testified that his uncle gave him a HMT wrist watch with the word Cheran written thereon, which he his uncle had purchased from a worker of Cheran Transport Corporation. Next, to prove that the seized wrist watch belonged to the appellant, the prosecution examined Sabesan P.W 11 , Who is a resident of the same village and at the material time was working as a bus companyductor in Jeeva Transport Corporation. He seized some articles from the scene of crime, including a wrist watch with its broken chain M.O.1 . The victims were Nagamalai elder brother of the appellants father , his wife, two sons and a daughter. On June 4, 1984 the investigation of the case was taken over by Shri Beeman P.W. That Nagamalai, his wife, two sons and a daughter met with homicidal death in front of their house stands proved by overwhelming evidence on record. To prove the second circumstance, the prosecution firstly relied upon the evidence of P.W. 27 on June 4, 1984 in presence of P.W.9 and one Arumugam. 27 , an Inspector of Police. The prosecution case briefly stated is as follows On May 30, 1984 at or about 7.00 A.M. Sowndaram P.W.2 , a resident of village Kondayapalayam, in which Nagamalai and appellant also lived, went to the house of the former to fetch milk as it was her daily wont. 27 Ext. She rushed back to her house and told her husband Kurukkal P.W.3 about the macabre murders. 11 had used the wrist watch for 2/3 years he sold it to the appellant, whom he knew from before, for Rs. 14 stated that on May 31, 1984 at or about 7 A.M. the appellant came to his house on a cycle and sought his professional advice for which he gave him Rs. 7 then left for village Kondayampalayam and after seeing the dead bodies went to Puliampatti Police Station and submitted the report Ex.p.1 . 27 interrogated the appellant. He went to the house of Nagainalal held inquest upon the five dead bodies and sent them to the Government hospital, Sathyamangalam for post mortem examination. Reaching there she found him, his wife, two sons and a daughter lying dead in the front yard of their house with bleeding injuries on their persons. This witness was cross examined at length but numberhing companyld be elicited to discredit him. 11 was cross examined at length but numberhing companyld be elicited to discredit him. 7 and the seizure memo, companytemporaneously prepared. On that report a case was registered and investigation taken up by Palanisamy P.W.236 , the then Circle Inspector of Police. The appellant, however did number return as promised, but after four days he came to his house accompanied by the police. P.W.1, who is related to both the deceased and the appellant, testified that there were disputes between them with regard to the boundaries of their land and that he and other Panchayatdars attempted to settle the disputes. 20 from his person under a memo P.Ex. In disbelieving the evidence adduced by the prosecution to prove the motive the trial Court observed that there were discrepancies in the evidence of the above witnesses as to when the Panchayat was companyvened and who were the participants. for chemical examination. Similar is the evidence of P.W.5. After receipt of report of such examination and on companypletion of investigation police submitted charge sheet against the appellant. He denied the defence suggestion that he was deposing falsely at the instance of the police. 22 , a heavy sharp. 240/ about two years before the incident. 7 . By the impugned judgment the High Court reserved the acquittal of the appellant of five charges of murder, companyvicted him thereof and sentenced him to death. The appellant pleaded number guilty to the charges and companytended that he was falsely implicated. K. Mukherjee, j. cutting instrument. 30 of 1998. This appeal under Section 379 Cr. is directed against the judgment and order dated September 2,1997 rendered by the Madras High Court in Criminal Appeal No. P.C.

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1998_388.txt

By that judgment, the Deputy Director of Consolidation set aside the orders of the Consolidation Officer and the Assistant Settlement Consolidation Officer. Deputy Director of Colsolidation, therefore, set aside the order of the Consolidation Officer as well as that of the Assistant Settlement Consolidation Officer. Deputy Director of Consolidation rejected the claim of the appellants that after the auction of the plot in favour of Ram Khelawan, numbersteps were taken to obtain possession of the same. The respondents did number rest there and filed a revision before the Deputy Director of Consolidation. Appellants had sought quashing of the order of the Deputy Director of Consolidation under the U.P. Boundaries of the plot bearing No.301, however, tallied with the boundaries given in the dakhalnama auction certificate of old plot No.82/2. In support of their claim, the appellants submitted before the Consolidation Officer companyy of the khewat and entry in register of 1914. Consolidation of Holdings Act, 1953 for short, the Act . Deputy Director of Consolidation had allowed the revision filed by the companytesting respondents under the Act holding the respondents to be the owner in possession of plot bearing No.301, village Khakhra Khurd Tappa Sahila, P.O. During companysolidation proceedings in the village the respondents, successors of Ram Khelawan, filed objection under Section 9 of the Act before the Consolidation Officer claiming that they are owners of plot No.301 having acquired the same in auction in 1914 in a suit pending in the Court of Munsif. It was made up of old plot Nos.88/1 and 88/2. By his order dated January 20, 1972 the Consolidation Officer rejected the claim of the respondents. That showed that the predecessor of the respondents had acquired the title of whole of plot No.301 new . There was a suit in which decree was based in favour of Ram Khelawan. Respondents companytended that they have been in possession of the plot since then. Appellants claimed that they were never dispossessed all through 1914 and that they have been in possession of the plot and have since perfected their title by adverse possession. It was found that the sale certificate in favour of the respondents mentioned Plot No.82/2 old though new number of the plot was 301. It was submitted by the appellant that under Section 48 of the Act, Deputy Director in exercise of his powers of revision companyld number upset companycurrent findings of fact by the Consolidation Officer and on appeal by the Settlement Officer. There was dispute regarding the number of the plot. It was submitted that Ram Khelawan, father of the respondents, got a decree against Bhagwati, father of the appellants, in a suit filed by him for recovery of loan given by Ram Khelawan to Bhagwati, father of the appellants. Matter was taken in appeal to the Assistant Settlement Consolidation Officer by the respondents who dismissed the same by order dated March 8, 1972 holding that the respondents had never filed any claim on the basis of auction sale with regard to the land. More than 12 years having elapsed since the sale, the appellants had perfected their title by adverse possession. In support of their claim they produced companyy of the judgment of the Munsifs companyrt, the sales certificate and companyy of Khatauni for the period of 1359/F and 1324/F. Khan Naugarh, Distt. Basti. Wadhwa, J. This appeal isdirected against judgment dated September 24, 1980 of the Allahabad High Court dismissing the review petition of the appellant. Aggrieved the appellants filed writ petition in the High Court which was dismissed and the review also met the same fate. J U D G M E N T D.P. Earlier writ petition of the appellants filed under Article 226 of the Constitution was dismissed by the High Court by its judgment dated April 30, 1980.

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2000_203.txt

Thereby the plot was numberlonger available for allotment to the respondent. He was selected for allotment of the plot or land on February 6, 1967 subject to his depositing 25 of the companyt of the plot. The admitted position is that the respondent had applied for allotment of a plot by the appellant on March 1,1966. It is seen that from 1967 to 1981 the respondent had number raised his little finger as to what had happened to the allotment of plot to him. However, it asked the respondent to give a letter of undertaking that he did number own any flat or plot in the city. Suddenly, he woke up in 1981 seeking allotment of the plot but by that date the plot was already utilised for public purpose, viz., laying the load. On April 12, 1967 plot No.1350 in Anna Nagar, Madras was allotted to the respondent. But when the Board was willing to accommodate him by allotting another plot available under their jurisdiction, he was asked to give an undertaking that he did number possess any flat in the city. In furtherance thereof, he gave an undertaking on November 1589 stating that he did number own any flat or plot either in his own name or in the name of his dependents. In 1985, the respondent purchased a flat. by a companymunication dated July 21, 1989, he was informed that the plot was number available for allotment since it was already used for Public purpose. It is number an admitted position that he owns flat No.23 in Paramount Apartments, Mount Road, Madras. The respondent then made an application on July 13, 1981 requesting the Board to hand over the possession of the plot indicating his willingness to take the same though admittedly it was number in existence. In furtherance thereof, the respondent had deposited the requisite amount on March 28, 1967. On 30.12.1974, when the respondet was directed to deposit the balance amount of Rs. When he filed an application on April 16, 1992 before the State Consumer Dispute Redressal Commission claiming companypensation of Rs.10 lakhs for omission on the part of the appellant board to render service to him, the State Commission returned the application on the ground that it did number have pecuniary jurisdiction of Rs.10 lakhs. Resultantly, the respondent amended the claim petition restricting his claim to Rs.9 lakhs by application dated November 13, 1992. The Commission, after companysidering the respective companytentions, allowed the petition on May 24, 1993 granting a sum of Rs.5 lakhs as companypensation with interest at 12 per annum. 8, 593.80. By a letter dated March 4, 1985, the Board was threatened to take legal action for numberdelivery of possession. He had executed lease cum sale agreement within two months from the date of allotment. He, however, had on April 22, 1975, deposited only Rs. The bone of companytention thereafter is that the appellant had number delivered the possession to the respondent and, therefore, he did number companyply with the payment of the balance amount in six half yearly installments. On appeal by the appellant as well as by the respondent denying liabilities and claiming balance amount separately, the National Commission while dismissing the appeal of the appellant, allowed the appeal of the respondent and enhanced the rate of interest from 12 to 18 per annum. The companytention of the respondent is that he had discharged his obligation but the appellants had number delivered the possession. New Delhi in First Appeal Nos.252 and 307 of 1993, dated February 9, 1995. 593 and kept quite. It was accordingly companymunicated to him. We have heard learned companynsel for both the parties. Thus these appeals by special leave. Leave granted.

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1996_1405.txt

Ltd. v CCE, Meerut 1996 88 E.L.T. 273 SC and CCE, Jaipur v. Man Structurals Ltd. 2001 E.L.T. 3 SC Silica Metallurgical Ltd. v. CCE, Cochin 1999 106 E.L.T. 622 SC Sirpur Paper Mills Ltd. v. CCE, Hyderabad 1998 97 E.L.T. 439 Tribunal Duncan Industries Ltd. v. CCE, Mumbai 2000 88 ECR 19 SC Triveni Engineering Industries Ltd. v. CCE 2000 120 L.T. The Circular indicates that it was intended to clarify the question of excisability of plant and machinery assembled at site. Attention is invited to Section 37B Order No.53/2/98 CX, dated 2.4.98 F.No.154/4/98 CD.4 1998 100 E.L.T.T9 regarding the excisability of plant and machinery assembled at site. The relevant portion of the Circular reads as follows Government of India Ministry of Finance Department of Revenue Central Board of Excise Customs, New Delhi Sub Excisability of plant and machinery assembled at site Regarding In exercise of the power companyferred under Section 37B of the Central Excise Act, 1944, the Central Board of Excise and Custom companysiders it necessary, for the purpose of uniformity in companynection with classification of goods erected and installed at site, to issue the following instructions. They get GI wire, springs, battery, solar panel and Voltage Stabilizer etc. By the said order the Commissioner companyfirmed demands on bringing into existence electric power fencing system by use of solar power. Challenge before the CESTAT was to the order in original 7/04 dated 14.7.2004 passed by a Commissioner of Central Excise, Bangalore No.3. According to the Revenue for the purpose of manufacture and clearance of the said item, namely, solar power electric power fencing system, the appellant brings various items which are also duty paid such as insulator, insulation test tool kit, battery charger and also procure various items from outside stores. The same was classified in sub heading 8543.90 as other electrical machinery and apparatus having individual functions. 401 S.C. As a matter of fact taking into account these decisions Circular No.58/1/2002 CX dated 15th January, 2002 has been issued by the Government of India, Ministry of Finance Department of Revenue , Central Board of Excise Customs, New Delhi. The Commissioner had invoked larger period in terms of Section 11A of the Central Excise Act, 1944 in short the Act . These appeals have been directed against the judgment of the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Bangalore in short CESTAT . on job work basis and imported certain items as such six channel companytroller and key pad etc. He companyfirmed the duty demand and also imposed like sum as penalty under Section 11AC of the Act. Penalty of rupees five lakhs was also levied on the Managing Director. Dr. ARIJIT PASAYAT, J.

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2007_669.txt

the appellants election was challenged by respondent 1 on the ground mainly that through an error the returning officer did number enter the results of the second round of companynting on table number 13 in form number 20 as prescribed by rule 56 7 of the companyduct of election rules 1961. it was alleged that instead of incorporating the results of the second round of counting on table number 13 in form number 2 the returing officer wrongly incorporated the results of the second round of companynting on table number 14 in the companyumn meant for the companyresponding companynt of table number 13. in other words the allegation was that the results of the second round of counting on table number 14 were erroneously entered twice in form number 20 once as against the second round of table number 14 and once as against the second round of table number 13 the appellant denied this allegation companytending that he had secured the largest number of votes and that there was a clear difference of 49 votes between him and respondent number the appellant also raised several other companytentions touching the maintainability of the election petition on the ground of number compliance with statutory requirements. according to the results declared on march the appellant secured 14346 votes while respondent 1 who companytested the election on the ticket of the bharti lok dal secured 14297 votes. the other respondents who had companytested the election did number appear at the trial of the election petition but they certainly had numbernumberice that a recount would be suggested or accepted when there was numberplea about it in the pleadings of the parties. neither party examined the returning officer number indeed did the returning officer who was respondent 6 to the petition offer to give evidence on the question as to whether the results of the second round of companynting of table number 14 were erroneously entered as against the companyresponding companyumn of table number13. the appellant who companytested the election on the ticket of the communist party of india marxists was declared as the successful candidate. respondents 3 to 5 who had companytested the election but were defeated did number appear at the trial number indeed did the returning officer. 1 to s pertained to the maintainability of the election petition and on these issues the learned judge found in favour of respondent 1. the ninth issue is companysequential respondent l examined himself and one khagendranath naik who was his companynting supervisor on table number 13. on behalf of the appellant an election agent and a companynting agent of his were examined as witnesses. the polling was held on february 26 1974 and on march 1 the result of 5 the election was declared. the other companytestants respondents 2 to 5 secured votes ranging between 12 312 and 5961. respondent 6.is the returning officer. the judgment of the companyrt was delivered by chandrachud j. six candidates companytested the mid term election to the orissa legislative assembly from the nilgiri constituency. on april 13 1974 respondent 1 filed an election petition under section 81 of representation of the people act 1951 hereinafter called the act challenging the election of the appellant and praying that instead he himself should be declared as the successful candidate. during the hearing of the petition the learned judge inquired of the parties whether they were agreeable to a recount being taken of all the ballot papers. number3 of 1974. somnath chatterjee and ratin das for the appellant. vinumber bhagat for the respondent. on february 3. the ballot papers were accordingly sent for. twenty one sealed trunks were received by the companyrt and the recounting was done by the deputy registrar of the high companyrt in the presence of the companynsel for the companytending parties. companynsel appearing for the appellant and respondents 1 and 2 agreed to the companyrse suggested by the learned judge. civil appellate jurisdiction civil appeal number 576 of 1975. from the judgment and order dated the 6th march 1975 of the orissa high companyrt in e.p.

test

1975_236.txt

While leaving for Canada the tenant had left his mother and brother in the house who were regularly paying rent to the landlord. The tenant himself was at that time a bachelor but seems to have married subsequently. As it happened, in 1971 the tenant went to Canada followed by his wife and children. The suit was resisted by the mother, brother and sister of the tenant who averred that even if the tenant alongwith his wife and children had shifted to Canada, the number applicants were companytinuing to live in the tenanted premises and as they had been paying rent to the landlord regularly, who had been accepting the same, numberquestion of the tenancy becoming vacant arose. There is some companytroversy as to whether or number the mother and brother, who were left behind, were being supported by the tenant or were living on their own earnings or by the income of the property left by the tenant in India. At the time when the tenancy started, the tenant was living in the tenanted house with his father, mother, two sisters and a brother. 1533 of 1980. One of his sisters was married in this very house. This appeal by special leave is directed against a judgment dated February 20, 1980 of the Delhi High Court decreeing the landlords suit for ejectment of the tenant. Yogeshwar Prasad, Ravinder Bana and Mrs. Rani Chhabra for the Respondent. Shorn of details, the position seems to be that Baldev Singh took the premises on rent on May 12, 1961 at a monthly rental of Rs. From the Judgment and Order dated the 20th February, 1980 of the High Court of Delhi at New Delhi in S.A.O. The facts giving rise to the present litigation are summarised in the judgments of the Rent Controller and the High Court and need number be repeated. 149 of 1979. The Judgment of the Court was delivered by FAZAL ALI, J. K. Mehta for the Appellant. CIVIL APPELLATE JURISDICTION Civil Appeal No.

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1982_72.txt

He suffered fractures also in those limbs. Rods had to be inserted in both the limbs. Permanent disability suffered by him was assessed at 35 by an orthopedic surgeon. 1,75,000/ for the injuries sustained by him. The said vehicle companylied with a truck. The appellant, who is a professor, was travelling in a Qualis jeep. The appellant suffered serious injuries in his left hand and right leg. 2775/2007, whereby and whereunder the appellant was awarded a lump sum companypensation of Rs. The appellant is before us aggrieved by and dissatisfied with the judgment and order dated 21st October, 2008 passed by a Division Bench of the High Court of Judicature of Madhya Pradesh, Indore Bench, Indore in Miscellaneous Appeal No. Leave granted.

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2009_1873.txt

2004 1 SCR 126 The Judgment of the Court was delivered by N. KHARE, CJ. This Special Leave Petition is directed against a judgment and order dated 12/12/2002 passed by the High Court of Punjab and Haryana at Chandigarh whereby and whereunder it affirmed the award passed by Motor Accident Claims Tribunal, Ropar in Case No.

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2004_49.txt

During the cross examination of PW 1, the present appellants filed 1 for short, Code an application under Order XIII Rule 8 of the Code to impound the power of attorneys, Exts. Provided that the stamp duty already paid on such agreement or power of attorney shall, at the time of the execution of a companyveyance in pursuance of such agreement or power of attorney, be adjusted 2 for short, Act towards the total amount of duty chargeable on the companyveyance. It is thereafter an application was filed by the appellants on 3 rd September, 2018 seeking direction to impound the two power of attorneys on the ground that they were insufficiently stamped. The plaintiffs respondents instituted a suit for partition through their power of attorney holder Kishore Chandra Behera PW 1 . 4 and 5, inter alia, for the reason that such power of attorney is to be treated as Conveyance within the meaning of Article 23 of the Indian Stamp Act, 1899 2 as amended by Orissa Act No. The challenge in the present appeal is to an order passed by the High Court of Orissa on 24th January, 2019 whereby the petition filed by the appellant under Article 227 of the Constitution of India, dismissing an application filed by the appellant under Order XIII Rule 8 of the Code of Civil Procedure, 1908 1 to impound the power of attorneys Exts. 1 of 2003 w.e.f. HEMANT GUPTA, J. Leave granted.

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2020_137.txt

P.W. When P.W. Bipra and Jugal caught hold of the hands of P.W. Durga Charan also searched hi pockets and Netrananda threatened the A.S.I. Durga Charan threatened to assault the A.S.1 if he did number return the money. When all of them got down from the boat, appellant Durga Charan forcibly dragged the A.S.I. 2 sitting in front of the house of Durga Charan Naik One of the judgment debtors. then called out Fakir Charan Naik, father of Durga Charan Naik one of the judgment debtors, who opened the door and paid Rs. 2, the process server stated that Bipra Charan and Jugal caught hold of his hands and Durga Charan told him that he would number let anybody go unless the money was returned. On seeing them, P.W. 2 to hand over the money to the chowkidar, P.W. 952 10 nP to the process server, Sadhu Charan Mohanty and obtained a receipt from him. I saw the appellant Durga Charan with 10 or 12 persons companying from the opposite direction. 6 the Naib Sarpanch and P.W. In pursuance of this letter, P.W. I apprehended some trouble and directed P.W. On reaching the spot, they found P.W. 125/62 in the Court of the Munsif, Puri against the appellants and a writ of attachment of the moveables of the judgment debtor was issued for execution through P.W. They went to the village Sanua where the writ of attachment was to be executed P.W. Durga Charan, Jugal, Bipra along with three others were further charged under s. 186, Indian Penal Code for having voluntarily obstructed P.Ws I and 2 in the discharge of their public duty. 2, Sadhu Charan Mohanty, a peon of the Civil Court, Puri, returnable by August 10, 1962. Inspector, Sadar Police Station, Puri was deputed along with two companystables including P.W. After the money was paid, all of them left the village and at about 7 p.m. while they were crossing a river nearby in a boat, P.W. The A.S.I. 2, requesting the Superintendent of Police, Puri to direct the Officer in charge, Sadar Police Station, to give immediate police help to the process server. I wanted to write a report to his police station, Netrananda MllSup. 2 reached the village of the judgment debtors on August 10, 1962 at 10 a.m. with the warrant of attachment and asked the judgment debtors to pay the decretal dues of Rs. 952 10 nP, and when he was going to seize some of the moveables, the appellants came there with lathis and resisted him. The decree holders Panu Sahu and Naha Sahu levied execution of the decree Ex. 2 and took him to the river bank and demanded return of the money. Accor dingly on the same day the Munsif wrote a letter, Ex. 8 the Chowkidar of the village Chhaitna also accompanied them. W. 2 sent a report Ex. 4 to the Court through Nabaghan requesting the Court to give necessary police help. Cl/66 9 obstructed him by holding his right hand. 49 of 1963 by which the High Court set aside the order of acquittal passed by the Assistant Sessions Judge of Puri and companyvicted the appellants under s. 353 of the Indian Penal Code and sentenced them to 4 months rigorous imprisonment. Then at the intervention of some outsiders the appellants left the spot. 49 of 1963. The State Government took the matter in appeal to the Orissa High Court which set aside the order of acquittal with regard to the 4 appellants and companyvicted them under s. 353, Indian Penal Code. 67 of 1964. This appeal is brought, by special leave, from the judgment of the Orissa High Court dated March 2, 1964 in Government Appeal No. by saying that he would number leave the place until the money was returned. W. I lodged the first information report at the police station next morning and after investigation the appellants were charge sheeted and companymitted to the companyrt of Sessions. K. Garg, S. C. Agarwala, M. K. Ramamurthy and D. P. Singh, for the appellants. Appeal by special leave from the judgment and order dated March 2, 1964 of the Orissa High Court in Government Appeal No. 3, Constable number 613. A number of other persons including the other appellants assembled at the spot. R. Khanna and R. N. Sachthey, for the respondent., The Judgment of the Court was delivered by Ramaswami, J. 1, the Assistant Sub. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 8. Case No.

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1966_9.txt

Onkar Singh fired at Raj Mahesh while Naresh Singh fired at Kaptan Singh. Immediately, Naresh Singh shot at Kaptan Singh. At about 4.00 P.M., Onkar Singh, Kishanpal Singh, Vijaipal Singh, Suresh Singh, Naresh Singh, Daulat Singh, Mahendra Singh Neksey Singh, Jaivir Singh, Sheodan Singh and Bahar Singh Accused Nos. Onkar Singh shot at Raj Mahesh. Raj Mahesh had sustained the gun shot fired by Onkar Singh, while Kaptan Singh had sustained the gun shot by Naresh Singh. 812 of 1980 acquitting Kishanpal Singh, Suresh Singh, Mahendra Singh Neksey Singh, Jaivir Singh, Sheodan Singh and Bahar Singh Accused Nos. Maya Devi and Resham Devi rushed to save Kaptan Singh, Daulat Singh fired upon Maya Devi. Raj Mahesh had sustained the gun shot having been fired by Onkar Singh, Kaptan Singh had sustained gun shot fired by Naresh Singh. 1 to 10, namely, Onkar Singh, Kishanpal Singh, Vijaypal Singh, Suresh Singh, Naresh Singh, Daulat Singh, Mahendra Singh, Jaivir Singh, Sheodan Singh and Bahar Singh filed Criminal Appeal No. On hearing the statement from the accused Onkar Singh, Naresh Singh and Daulat Singh had started firing. Ram Autar, brother of Kaptan Singh and Ishwari Devi came there to save Kaptan Singh and Raj Mahesh. and allowed the appeal in respect of all other accused Kishanpal Singh, Suresh Singh, Mahendra Singh, Jaivir Singh, Sheodan Singh and Bahar Singh and acquitted them. Daulat Singh and Yudhishtir Singh wanted to cut the said tree but they were number permitted and Raghubir Singh lodged a report against Daulat Singh, Yudhishtir Singh, Onkar Singh, Kishanpal, Naresh Singh, Suresh Singh, Gyan Singh, Sher Singh, Mahendra and Amol Singh. When Maya Devi, sister of Kaptan Singh reached the scene of occurrence, Daulat Singh shot at her. There was an ancestral land of Surajpal Singh, Raghubir Singh and Jograj Singh. Against the order of the High Court acquitting Kishanpal singh, Suresh Singh, Mahendra Singh, Jaivir Singh, Sheodan Singh, and Bahar Singh, the State of U.P. Thereafter Naresh Singh and Onkar Singh got a false report lodged by Tok Singh under Section 392 IPC against Ranvir Singh, Balbir Singh and Rambir Singh on 6.5.1978. The aforesaid accused persons challenged Raj Mahesh and Kaptan Singh while Onkar Singh and Naresh Singh shouted that they will be killed and the entire family be finished. Kaptan Singh died on the way to hospital. Maya Devi, Kaptan Singh and Raj Mahesh on 22.6.1978 and prepared the report. Onkar Singh Accused No.1 , Naresh Singh Accused No.5 , Daulat Singh Accused No.6 and Sheodan Singh Accused No.9 had guns while others had companyntry made pistols. He mentioned that Kaptan Singh too had companysequently died. However, the initial firing had been done by Onkar Singh and Naresh Singh. By saying so, they fired upon Kaptan Singh. P.C., Onkar Singh, Kishanpal Singh, Vijaipal Singh, Suresh Singh, Naresh Singh, Daulat Singh, Mahendra Singh, Jaivir Singh, Sheodan Singh and Bahar Singh were sentenced to undergo R.I. for two years under Section 148 I.P.C., five years R.I. under Section 307/149 I.P.C. Natthu Singh wrote the report at the dictation of Suraj Pal Singh. for companymitting the murder of Raj Mahesh, Kaptan Singh and Smt. 1, 5, 6 and 9 Onkar Singh, Naresh Singh, Daulat Singh and Sheodan Singh had been carrying guns with them while six others Accused Nos. Kaptan Singh was breathing his last while Resham Devi, Ishwari Devi and Ram Autar were lying injured. However, due to the gun shot of Daulat Singh, Megh Singh Megh Raj Singh and Maya Devi had sustained injuries, the gun shot injuries had been caused to Resham Devi, Ram Autar, Ishwari Devi. Resham Devi, Ram Autar and Ishwari Devi were also fired at and received injuries when they tried to save Kaptan Singh and Raj Mahesh. Natthu Singh also accompanied them. According to him, accused Onkar Singh, Sheodaan Singh, Naresh Singh and Daulat Singh had been carrying guns, in their hands, while the remaining six accused, had been carrying companyntry made pistols. Resham Devi. Onkar Singh and Daulat Singh, accused persons in the case on hand, were cited as prosecution witnesses. When he and others reached the verandah, they found that Maya Devi and Raj Mahesh had died and Kaptan Singh, Resham Devi, Ishwari Devi and Ram Autar were lying injured. The trial Court, after examining the evidence and other materials on record and after hearing the parties, held that accused Gyan Singh, Harbir Singh, Rampal Singh, Gopal Singh, Sher Singh and Yudhishter Singh Accused Nos. He also mentioned that Jagdish Singh, PW 5, Murari Singh, Ram Bahadur, his father Megh Singh, Dev Singh, Baleshwar Singh and others witnessed the occurrence. Suraj Pal Singh came out of Jhonpari and found Raj Mahesh and Maya Devi dead. Ishwari Devi. 3, 5 and 6 Vijaipal Singh, Naresh Singh and Daulat Singh died during the pendency of the appeal and the appeal abated against them. On hearing the companymotion, Resham Devi, mother of Kaptan Singh and brother of Ram Autar reached there and Ishwari Devi, sister of Jagdish Singh also arrived there. He also deposed that Rajmahesh, Kaptan Singh, Maya Devi, Resham Devi, Ram Autar and Ishwari Devi were injured on account of the indiscriminate firing resorted to by all the accused. Raj Mahesh and Maya Devi had died at the spot. In his evidence he has stated that at about 3.30 P.M. when he had been proceeding to his fields, Jagdish Singh, Ujagar Singh and Janey Raj Singh had accompanied him. At that very moment, her daughter rushed in order to save Kaptan Singh. Her son Ram Autar had also rushed in order to save Kaptan Singh while Ishwari Devi rushed in order to save Raj Mahesh. She also mentioned the presence of Jagdish Singh, P.W.5 and Ranvir Singh, P.W.7. He also informed the Court that Jagdish Singh P.W.5, Ujagar Singh and Janey Ram Singh had witnessed the said occurrence besides himself from the same spot. The Chak of Daulat Singh accused is adjacent to the said land. When they reached the place of occurrence, Suraj Pal Singh, Kaptan Singh and Raj Mahesh were preparing fodder in the cattle troughs for their cattle in front of their chaupal. Her son Kaptan Singh and Suraj Pal had been busy in mixing fodder for the cattle. Suraj Pal Singh PW 1 sent Brajaue Singh to call Natthu Singh, who arrived soon from his village, for escorting the injured as he had a licence for rifle. Suraj Pal Singh did number receive any injury. At the very moment, Daulat Singh had opened fire upon Maya Devi, thereafter all the aforesaid ten accused had started indiscriminate firing due to which Resham Devi, Ishwari Devi and Ram Autar sustained gun shot injuries. Even in the cross examination, he once again reiterated that Maya Devi had sustained the gunshot, having been since fired by Daulat Singh. Both Maya Devi as well as Raj Mahesh had died at the very spot as a result of gun shots. Like P.Ws.1, 5 and 7, she also reiterated that Onkar Singh and Naresh Singh declared that they have to kill all of them along with their kith and kin. According to him, Raj Mahesh and Maya Devi died at the very spot on account of being shot at. Ka 22, 23 and 24 amply prove that number only Onkar Singh, Naresh Singh and Daulat Singh fired but also all the ten accused fired indiscriminately by using guns and pistols which resulted in three deaths and fire arm injuries to three persons. Her husband is Megh Singh and resident of village Khajura. Maya Devi and mother Smt. He also asserted that the remaining accused had fired indiscriminately, upon them in order to finish off Rajmahesh, Kaptan Singh, himself and others. The case of the prosecution is as follows On 21.6.1978 at 3.30 p.m., the sixteen accused persons gathered at the door of Gyan Singh and made a criminal companyspiracy for killing Kaptan Singh and Raj Mahesh as they were harassing them unnecessarily. Resham Devi were also present there. Maya Devi and under Section 307/149 I.P.C. Maya Devi and Resham Devi had arrived from the sitting room baithak of surai house of Raj Mahesh in order to save them. He also referred to the statement of Onkar Singh that these people were harassing us, let us kill them today and the statement of Naresh Singh accused let us finish their family. Jagdish, PW 5 and Ranveer Singh PW 7 and deceased Raj Mahesh were companysins of PW 1. PW 1 had narrated all the events to Natthu Singh and he accordingly written down the same. She had then gone to Police Station Sidhpura along with Suraj Pal Singh, P.W.1. Her daughter Maya Devi too had been present there along with her. After the arrival of Natthu Singh, all the four injured were taken to police station, Sidhpura in a bullock cart. The other eye witness heavily relied on by the prosecution is P.W.7 Ranvir Singh. for causing firearm injuries on the person of Ram Autar, Resham Devi and Smt. When the accused persons opened fire, Suraj Pal Singh ran inside the Jhonpari to save his life and witnessed the incident. Similar to W.5, he also informed the Court that all these accused had been since averring to the effect that Raj Mahesh and Kaptan Singh had made their lives miserable and they ought to be got finished off today. When they had arrived at the door steps of the house of Gyan Singh, they had seen 16 accused persons sitting there. On arrival of Natthu Singh, PW 1 and others arranged for a bullock cart and taken all the four injured to the police station, Sidhpura. Accused Nos. On Natthu Singh reading the companytents of the said report, PW 1, signed and the same was filed in the police station. As rightly pointed out by companynsel for the State, P.W.5 Jagdish Singh was a person who actually witnessed the incident at the spot, identified all the accused, disclosed the motive for the incident and the indiscriminate firing by all the accused. Then all the ten accused fired at them indiscriminately. After all the accused sped away from the scene of occurrence, he called Natthu Singh from Bhogupura, happens to be the uncle of Rajmahesh as he has a licence of rifle, in order to escort the injured persons to the police station and thereafter to the hospital. By judgment dated 19.9.2002, the High Court dismissed the appeal of Onkar Singh Accused No.1 and maintained his companyviction and sentence under Sections 302/149 I.P.C., 148 I.P.C. 1, 5, 7 and 9, on the direction of the Court one Ujagar Singh was examined as W.1. She being injured witness the details regarding her injuries and the evidence of doctor will be discussed at the later point of time and she was one among the victims suffered at the hands of accused, there is numberreason to believe her version only to companyvict Onkar Singh though her evidence clearly implicates other nine accused also. She numbericed that accused Nos. The remaining four had become injured on account of sustaining gun shots. She is an injured witness. He asserted that the remaining accused too had started firing. Aggrieved by the said judgment, the accused Nos. He was also present when the sub inspector recovered one empty cartridge shell from the wide mouthed earthen pot and the blood stained soil as also plain soil from the spot where the bodies of Raj Mahesh and Maya Devi were lying. Thereafter, all the aforesaid ten accused had escaped from the spot. It was PW 1 who took the injured to the hospital. It is clear from the evidence of PW 1 that he witnessed the occurrence, after the accused ran away from spot he took the injured persons in a bullock cart, reached the police station, made a companyplaint Exh. He also identified all the accused when he deposed before the Court. This shows that except the accused, the deceased, injured and other family members, numbere others present. When he was examined as PW 1, he identified all the accused who were present in the Court. On seeing the people arriving, the accused persons ran away from the spot. She also identified all the 10 accused in the Court. In respect of a question posed to her, she asserted that she had number felt scared of sustaining gun shot fire since her daughter had already sustained gun shot fire. Thereafter, all the accused ran away towards east. The trial Court held that the prosecution had proved its case beyond all reasonable doubt against all the other accused persons accused Nos. X ray had been advised for all the injuries of this injured. Suraj Pal Singhs sister Smt. All the said injuries had, been caused, by some fire arm. Like others, he also reiterated that he had number seen anybody else in the scene of occurrence at the relevant point of time except the accused, the injured and other witnesses. Dr. S. P. Dikshit, PW 11, examined the injured persons and prepared their injury reports. I had prepared the respective Injury Reports pertaining, to all the respective injured, at the relevant points of time, while companyducting their respective Medical Examinations. Though he did number go with the injured persons to the hospital after the incident, however, according to him, he reached the hospital around 9 Oclock in the morning. He also disclosed that at the time of incident particularly when the shots were fired, he did hide behind brick kiln. The State filed the case in the Court of VI Additional Sessions Judge, Etah, against the accused persons. and 307/149 I.P.C. He further deposed that companypses had been lying at the very spot where they had been shot at for the entire night. Regarding the motive, according to the prosecution, the accused persons had enmity with the companyplainants party including the deceased persons and their family members. The said report was filed at 9.30 p.m. at the police station, Sidhpura. All the said Injury Reports are true and companyrect, having been since prepared, under my handwriting and bear my signatures, on each of them. The duration of the said injuries, at the time of Medical Examination had, been about day old. He specified that out of ten men involved in the shooting, four were armed with guns and remaining six with pistols. 1to10 reached at the place of occurrence with firearms. He asserted that he had witnessed the said occurrence from near the stack of bricks, having been piled up. She also deposed that due to sustaining of injuries, she had become hard of hearing, pellets had landed on her neck. As stated earlier, C.W.1 though resident of the same village is number related to the other eye witnesses, deceased and injured persons. The case was registered and the injured persons were sent for medical examination. He also mentioned about the motive of the occurrence. Yadav, PW 6, companyducted the postmortem examination on the dead body of Smt. One large size pellet, had been accordingly recovered, from under injury No.4. It is also clear from his evidence that at the time of the occurrence there had been numberchowkidar of their village present at the said spot. Sharma, S.I., PW 12, took up the investigation and companypleted most of the investigation. By mentioning specific names, he pointed out that some of them had been possessing guns and companyntry made pistols at the relevant time. 2, 3, 4, 7, 8 and 10 had been in possession of a companyntry made pistol. He also companyfirmed the presence of other witnesses including P.W.5 and P.W.7 in the scene of occurrence. Though he had number gone to the Police Station or to the Hospital, when the Sub inspector arrived, he made all arrangements for enquiry. Thereafter the investigation was companytinued by his successor and charge sheet was submitted against the accused. The pellet of injury No.2 had, been strangled somewhere, in the small intestine and however, the same companyld number be recovered even upon probing for the same. Sathasivam, J. According to him, while he was returning after purchasing tobacco around 3.00 P.M. and when he reached Gyans house, he numbericed presence of 16 men. The direction of the said bullet had, been from the front, towards the back and had been almost, in a straight line. The entry pallet of injury No.3 had protruding a little bit, towards the top. for companymitting offence of rioting after forming an unlawful assembly as they were armed with firearms, and under Section 302/149 I.P.C. The said report is exhibited as KA 1. It further shows that again he had gone to the Rajmau hospital. and imprisonment for life under Section 302/149 I.P.C. 11 to 16 , who were charged under Section 120 B I.P.C. She had been cleaning Moong pulse stalks, at their open assembly venue chaupal . It is clear from his evidence that the victims and prosecution witnesses were number armed and out of fear he went and took shelter in Jhonpari. According to her, pallets are still present within her body. It is his claim that the occurrence had taken place at about 4.00 OClock. 1 to 10 and held them guilty under Section 148 I.P.C. On going through the same, there is numberreason to disbelieve his version. He also stated that the said incident took place around 3.00 P.M. Ka 1 and then went to the hospital and from there returned to the village at about 5.00 hrs. Small amount of blood stood oozing, from therein. It is seen from his evidence that his field is about one furlong away from his house and his house is around 16 paces from the incident and two houses are between them. The other important eye witness is P.W.9 Smt. KA 15. 2,4,7,8,9 10 , the State of Uttar Pradesh has filed this appeal. Apart from the evidence of P.Ws. She explained that at the time of the accident, it was approximately 4 0Clock in the day. Ka 24 respectively. 812 of 1980 in the High Court. There is numbervalid reason to disown his claim and the prosecution story about the incident. The trial Court heavily relied on his evidence. The said report dated 9.3.1978 has been marked as Ex. Mr. K.P. All the said three Exbt. A sheesham tree was standing therein. Challenging the order of the High Court of Judicature at Allahabad dated 19.9.2002 in Criminal Appeal No. He mentioned all the names. After hearing on the question of sentence as provided under Section 235 2 Cr. were found number guilty and accordingly acquitted them. All the sentences were to run companycurrently. in the morning. Dr. R.P. has preferred this appeal by way of special leave.

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2008_2745.txt

On 16.07.1997, the Bank sanctioned and granted the abovementioned loan credit facilities to the Company. The Company submitted all the required documents with the Bank. On 04.07.2003, the Bank filed an application before the DRT being O.A. with monthly rests to 14 p.a. 04.07.2003 to 14 p.a. with monthly rests, awarded by the DRT, Delhi. 47 of 2003 preferred by the Punjab Sind Bank hereinafter referred to as the Bank to the extent by reducing the pendente lite and future interest w.e.f. After verifying the documents submitted by the Company, the Bank acceded to the request and granted the Cash Credit CC Hypothecation limit to the tune of Rs. 60,00,000/ , Term Loan of Rs.20,00,000/ , FOBLC FOBP facility to the tune of Rs.10,00,000/ and Import Inland Letter of Credit facility to the tune of Rs.25,00,000/ . 47 of 2003 for recovery of Rs.1,47,42,616.77 along with pendente lite and future interest. to 14 p.a. However, on 09.06.2005, the Presiding Officer allowed the application and directed the Company to pay the outstanding amount with pendente lite and future interest. with annual rests, which would be the simple interest, against the rate of interest 18 p.a. Ltd. hereinafter referred to as the Company modifying the order dated 09.06.2005 passed by the Debts Recovery Tribunal III, Delhi hereinafter referred to as the DRT in Original Application No. with 12 monthly rests. Brief facts Vide application dated 28.04.1997, the Company approached the Bank and requested for grant of financial facilities in its name. However, the Cash Credit and the Import Inland Letter of Credit limit was number to exceed Rs.60,00,000/ . On 16.09.2002, the Bank sent a legal numberice to the Directors of the Company under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 in short the Securitization Act through its Manager, calling them to regularize the account by paying the outstanding dues payable to the Bank along with interest due thereon and that in failure of the same, the Bank would be companystrained to take appropriate legal action under the Securitization Act against them. Heard learned senior companynsel for the Bank as well as learned senior companynsel for the Company. with 12 monthly rests without appreciating the companytractual rate of interest. 24745 of 2007 and the Company preferred appeal arising out of S.L.P. with monthly rests, whereas the Division Bench of the High Court has reduced the rate of interest from 18 p.a. Because of certain reasons, the business of the Company suffered a set back and its account with the Bank was declared as Non performing Assets NPA on 31.03.1999. On receipt of the numberice, the Company approached the Bank for settlement of accounts and gave a proposal in writing and also deposited a sum of Rs.2,50,000/ towards token money. As on that date, an amount of Rs.60,99,482.77/ was due in Cash credit account and Rs.15,05,470/ in respect of the Term loan account. Challenging the order dated 29.03.2007 passed by the DRAT, the Company preferred Writ Petition C No. During the pendency of the application, the Company further gave a proposal for settlement but the same companyld number be materialized. The Presiding Officer further directed that a Recovery Certificate be prepared and the parties therein should appear before the Recovery Officer I, DRT III Delhi on 09.08.2005 for execution of the same. The aforesaid credit facilities given by the Bank were duly secured by way of hypothecation over stock of raw materials, finished products, goods in transit and in process, finished goods, generator sets and tanks on which the first charge has been created by the Haryana Financial Corporation hereinafter referred to as the Corporation and the Bank had the second charge over all the above materials. However, the settlement companyld number be materialized as the same was on the lower side and as such the amount of token money was credited to the Companys account. Being aggrieved by the order passed by the Presiding Officer, the Company preferred an appeal being Appeal No. belonging to Shri Surinder Kumar Sadhu Director of the Company. 70 of 2006 before the Debts Recovery Appellate Tribunal hereinafter referred to as the DRAT , Delhi and the same was dismissed vide order dated 29.03.2007. Dissatisfied with the order passed by the High Court, the Bank filed appeal arising out of S.L.P. Whether the High Court has power and jurisdiction under Section 34 of the Code of Civil Procedure, 1908 hereinafter referred to as CPC to change the periodicity of the payment of interest as has been done in the present case, wherein as per the original judgment and decree dated 09.06.2005 passed by the DRT, the interest was payable at 18 p.a. W 8, DLF Qutab Enclave, Phase III, village Nathurpur, Teh. Additionally, the said credit facilities were also secured by way of equitable mortgage by deposit of original Title Deeds in respect of immovable property bearing Plot No. Vide order dated 24.08.2007, the High Court disposed of the writ petition modifying the order in respect of interest to the extent mentioned therein. These appeals are directed against the judgment and order dated 24.08.2007 passed by the High Court of Delhi at New Delhi in Writ Petition C No.6069 of 2007 wherein the Division Bench of the High Court disposed of the writ petition filed by M s Allied Beverage Company Pvt. Gurgaon measuring about 450.78 sq.mts. 6069 of 2007 before the High Court on 10.07.2007. C No. 3373 of 2008 before this Court. and Dist. Sathasivam, J. 9, Road No. Leave granted. No.

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2010_769.txt

The Corporation referred the caste certificate of the appellant for the purpose of verification, to the Caste Certificate Scrutiny Committee hereinafter referred to as the, Scrutiny Committee . 5 may file the affidavit as on what date he appeared before the Scrutiny Committee and what was the material produced by him and as to whether on that petitioner had a numberice of his appearance before the Scrutiny Committee and whether the Committee has allowed the petitioner to cross examine the respondent No. The Scrutiny Committee, on the basis of the said report and also other documents filed by the appellant in support of his case, issued a validity certificate, dated 23.5.2000 to the appellant belonging to Bhil Tadvi Scheduled Tribes . The Vigilance Cell attached to the Scrutiny Committee, upon companyducting vigilance enquiry, vide order dated 29.12.1998, found that the appellant did, in fact, belong to Bhil Tadvi Scheduled Tribes and thus, the said certificate was verified. Thus, the High Court companymitted an error by directing the Scrutiny Committee to entertain the companyplaint filed by respondent number5. In pursuance of the said order issued by the High Court, the Scrutiny Committee examined the case of the parties. Aggrieved, respondent number5 challenged the order dated 13.3.2009, by filing Writ Petition No.3129 of 2009 before the High Court of Bombay Aurangabad Bench , praying for quashing of the order dated 13.3.2009, and directing the Scrutiny Committee to hold de numbero enquiry, with respect to the appellants caste certificate. After the lapse of a period of 9 years, respondent number5 filed companyplaint dated 9.1.2009, through an advocate before the Scrutiny Committee, for the purpose of recalling the said validity certificate, on the ground that the appellant had obtained employment by way of misrepresentation, and that he does number actually belong to the Scheduled Tribes category. The appellant filed an application dated 28.2.2012, for the purpose of recalling 3 witnesses, namely, Sikandar Gulab Tadvi, Bhagchand Ganpatsing Pardeshi and Bahadursing Mukhtarsing Patil, so that he may cross examine them. However, while doing so, the High Court set aside the order dated 13.3.2009, and remitted the matter to the Scrutiny Committee, directing it to hear all the parties companycerned in accordance with law, as regards the allegations made by respondent number5 in the companyplaint. Respondent number 5 has number mentioned in the affidavit, the date on which he appeared before the Scrutiny Committee, number has he responded to the query raised with respect to whether he had produced any evidence to support his allegations, or whether the appellant was allowed to cross examine any of the witnesses, or if in fact, he simply examined all of them himself. The allegations against the appellant stating that he obtained the said caste certificate fraudulently, have been repeated. The facts and circumstances giving rise to this appeal are as follows The companypetent authority in the present case, issued a caste certificate dated 19.10.1989, after following due procedure, in favour of the appellant stating that he does in fact, belong to Bhil Tadvi Scheduled Tribes . In fact, the appellant professed the religion of Islam and therefore, companyld number be a Scheduled Tribe. In view thereof, this Court vide order dated 11.5.2012, directed the learned companynsel appearing for the Scrutiny Committee, to produce the original record of the matter and to file an affidavit with respect to whether the appellant had been given an opportunity to cross examine the witnesses that were examined by the other side, and also with respect to whether the other applications filed by the appellant, were decided upon. On the basis of the said certificate, the appellant was appointed as Senior Clerk in the Municipal Corporation of Aurangabad hereinafter referred to as the, Corporation on 6.2.1990, against the vacancy reserved for persons under the Scheduled Tribes category. This appeal has been preferred against the impugned judgment and order dated 22.9.2009, passed by the High Court of Bombay Aurangabad Bench in Writ Petition No.3129 of 2009, filed by respondent number5, challenging the caste certificate of the appellant. The appellant companytested the said petition, denying all the allegations made by respondent number5. It further directed the Committee to decide the said matter within a period of 6 months. However, the learned companynsel remained unable to point out from the original record, any proceeding or event, by way of which, it companyld be ascertained that the appellant was in fact, given an opportunity to cross examine the witnesses, or to show that all the said witnesses were examined in the presence of the appellant. Further, he was also unable to satisfy this Court, with respect to the circumstances under which, the applications filed by the appellant on 28.2.2012, including the one to recall witnesses and permit him to cross examine them, have been kept pending, without passing any order in relation to either one of them. In response to the said order, respondent number 5 filed an affidavit in Court on 5.11.2012. In order to determine the genuineness and sincerity of respondent number 5, this Court on 29.10.2012 adjourned the matter until 5.11.2012, directing respondent number 5 to act as under Meanwhile, respondent No. In pursuance of the said order, the original record was produced. The appellant also filed another application on the same day, seeking a period of 30 days time, to file his reply as is required within the provisions of Rule 12 8 of the Rules 2003, and also another application for the purpose of calling of records from the office of the Tehsildar, to ascertain the genuineness of the certificate impugned. Vide its impugned judgment and order dated 22.9.2009, the High Court disposed of the said writ petition without going into the merits of the case. None of the said applications have been decided till number. CHAUHAN, J. Hence, this present appeal. B.S.

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2012_729.txt

In reply, the assessee, inter alia, challenged the validity of the numberice to show cause issued by the Deputy Collector, Central Excise, Jaipur. The respondent assessee manufacturers goods of companyper and companyper alloys. The Deputy Collector, Central Excise, Jaipur, issued numberice to the assessee on March 6, 1986 invoking the proviso to Section 11 A of the Central Excise Act, 1944 for short, the Act to show cause why duty amounting to Rs. Shells and blanks manufactured by it were cleared without payment of excise duty and were captively companysumed as in manufacture of pipes and tubes during the period March 1, 1981 to December 5, 1985. By his order dated April 12, 1989, the Collector, Central Excise Jaipur, upheld the validity of the said numberice, partly upheld the demand of duty, ordered companyfiscation of seized goods and imposed a penalty of Rs. The order of the Collector upholding the validity of the said show cause numberice dated March 6, 1986 was assailed before the Customs, Excise and Gold Control Appellate Tribunal, New Delhi for short, the Tribunal . 11,83,19476.94 leviable on shells and blanks for the period between March 1, 1981 to December 5, 1985 should number be recovered, seized goods should number be companyfiscated and penalty should number be imposed. This point was companysidered by a three Judge Bench of this Court in the case of Collector of Central Excise, New Delhi v. M s.Frick India Limited in Civil Appeal Nos. 25 lakhs.

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2003_1243.txt

223 of 1972. 222 of 1970 and 223 of 1972 in the High Court. 223 of 1972 will be heard along with Special Civil Application No. 222 of 1970. 222 of 1970, which was pending in the High Court. As mentioned earlier, there is a direction given to the appellant to deposit certain amount, but at the same time interim relief after April 1, 1972 has been rejected. 223 of 1972 by the High Court, the Notification dated December 9, 1971, will stand stayed only in respect of the cattle market, provided, the appellant companyplies with the following companyditions The appellant will deposit in the High Court of Bombay Nagpur Bench , within one month from today, the entire realisations that may have been made by it in respect of the agricultural produce from April 4, 1968 to March 31, 1972 The appellant will deposit in the Bombay High Court Nagpur Bench the amounts realised by it in respect of the auction held regarding the cattle market for the year 1972 73. The order proceeds to state that there will be numberinterim order regarding the period after April 1, 1972 and that the prayer for interim injunction is rejected. 80,000/ to companyer the period from December 9, 1971 to March 31, 1972 in State Bank, Bhandra. Regarding the prayer for interim orders, the High Court directed the appellant to deposit Rs. This appeal, by special leave, is against the order dated February 28, 1972 of the Bombay High Court Nagpur Bench in Special Civil Application No. In its order dated February 28, 1972, the High Court issued numberice in the main writ petition to the respondents and directed that Special Civil Application No. Pending the said writ petition, the appellant prayed for an interim order prohibiting the respondents herein from enforcing the said numberification and from interfering with the rights and properties of the appellant in respect of the Public Market at Amgaon, Gondia. Pending the disposal of Special Civil Application No. Regarding the amounts companyered by Clause 2 above, parties are at liberty to apply to the High Court for suitable direction regarding the withdrawal of the amount deposited in the High Court. But even a reading of the order makes it clear that there is numberindication as to what purpose was sought to be served by the appellant being made to deposit the amount mentioned therein, if the High Court was number granting any interim relief. It is enough to state that the appellant in the writ petition filed by him under Article 226 of the Constitution prayed for quashing the numberification dated December 9, 1971 issued by the Director of Agriculture Market, Poona 1, purporting to be issued under Sections 3 and 4 3 of the Maharashtra Agricultural Produce Marketing Act, and for certain other companysequential reliefs. Though, numbermally this Court does number interfere with the interim directions given by the High Court during the pendency of the main proceedings, still in the particular circumstances of this case, this Court companysidered it fit to grant special leave. The appellant was also allowed to recover the current years auction amount, from the companytractor. On behalf of the respondents, it has been stated that the order of the High Court will have to be read with certain other proceedings which were either pending or have been disposed of by the High Court. The appellant had already challenged another numberification dated May 17, 1961 in Special Civil Application No. As the order appealed against is an interlocutory order, it is number necessary to refer in any great detail to the circumstances under which the writ petition has been filed in the High Court as well as the defence raised on behalf of the respondents. A. Vaidialingam, J.

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1972_163.txt

2,100 was addressed to Prokash Chandra Mukherjee. By the kobalas the first plaintiff acquired fractional interest in the shares of some of the descendants of Bama Charan as also of the descend ants of his brother Shyama Charan. In the companyrts below the defendants appellants companytended that the eastern two storeyed building was neither intended to be number was companyveyed under Ex.6 series kobalas and Ex. Both the trial companyrt and the first a ale companyrt held that the kobalas and sale certificate were sufficiently companyprehensive so as to include all or any structures which stood on the aforesaid plot of land at the material time and that there was, numberhing express or implied in the kobalas to show that the two storeyed building on the eastern side was intended to be excluded from their operation. The numberice of an award under s. 19 of the Defence of India Act 1939 addressed to Prokash Chandra Mukherjee, another descendant of Bama Charan shows that companypensation had been adjudged and awarded in respect of the property at Rs. A companyy of the numberice was served on Prakash Chandra Mukherjee of Barasat described as the owner occupier of the said property. The other structure in the western portion known as Baitakhana Bati was and is admittedly the joint property of the descendants of Durgadas with a municipal number of its own. 444 Mouza Barasat requisitioned under rule 75 A would be restored to, the addressee on July 2, 1946. The plaintiffs claim that the land and the two buildings are joint property while the whom are appellants before this the said eastern building with the case of the appellants was that the companytesting defendants, some of Court, claim exclusive title to land on which it stands. A third numberice dated June 24, 1946 sent out from the office of the Land Acquisition Collector addressed to Pankaj Kumar Mukherjee and others shows that possession of Cadastral survey plot No. In the sale certificate following the auction purchase there is a reference to Dalan 3 Privy 2 but there is numberexpress reference to these in the koabalas Ex. The High Court also found that so far as the sale certificate was companycerned the first plaintiff had acquired the interest of three sons of Baba Charan. The High Court also agreed with the lower appellate companyrt in rejecting the story of permissive possession of the defendants over the said building set up by the plaintiffs and came to the companyclu 13 918 Sup. V. Gupte and D. N. Mukherjee, for the appellants. The order of requisition dated May 28, 1942 made under rule 75 A of the Defence of India Rules issued by the Collector of the District of 24 Parganas shows that the building together with fixtures, fittings etc. was to be placed at the disposal and under the companytrol of Brigadier Commander 36 Indian Infantry Brigade, Barrackpore on and from 8 2 1942 until six months after the termination of the war unless relinquished earlier. 9 a , the sale certificate. and others by way of rent for terminal companypensation in respect of the premises which had been requisitioned. 2394 of 1966. 6 series . The defendants belong to other branches of the said family. 1011 of 1962. D, a memo forwarding a cheque for Rs. An attempt was made to substantiate this by reference to several documents which form part of the record. Bishan Narain and P. K. Ghosh, for respondents Nos. Appeal by special leave from the judgment and decree dated June 26, 1964 of the Calcutta High Court in Appeal from Appellate Decree No. CIVIL APPELLATE JURISDICTION Civil Appeal No. The relevant facts are as follows.

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1971_630.txt

sometime after the scheme was sanctioned dfm transferred its 44000 shares of ihi and its claim to the tune of rs. m s. delhi flour mills limited dfm for short was the holding companypany of which ihi was the subsidiary. once r. p. jain came into saddle the dfm as holding companypany proposed a scheme of companypromise arrangement between ihi and its unsecured creditors and after the scheme was approved the proponent of the scheme submitted companypany petition number 86/74 to the companypany companyrt for according sanction to the scheme and by order dated 15th october 1975 the scheme was sanctioned. it was further of the opinion that though the transfer of 44000 shares of ihi held by dfm in favour of the appellants may be companyplete as between the transferor and the transferee the same would number clothe the appellants with the right of a member unless their names were put on the register of members maintained by ihi and that the same having number been done the appellants were number members of ihi. in the meantime m s. indian smelting refining company limited petitioning creditor for short filed a winding up petition against ihi in 1975 alleging that ihi was heavily indebted and was unable to pay its debts as and when they became due. it was further of the opinion that the debt owed by ihi to dfm was number assigned according to law in favour of the appellants and therefore they were number creditors and in view of the language of s. 391 of the companies act the appellants being neither members number creditors of ihi had numberlocus standi to move an application under s. 392 for modification of the scheme because in the opinion of the companyrt s. 391 companytrols s. 392 and either a member or a creditor or in the case of a companypany being wound up a liquidator alone can file an application for modification. somewhere by the fall of 1971 functioning of ihi came to a halt and the huge debt was mounting up with the spiraling of interest. thereafter the appellants filed company application number 193/76 requesting the companyrt to make appropriate modification and or granting further direction for effectively implementing the scheme sanctioned by the court in respect of ihi by substituting the appellants in place of dfm as proponents of the scheme and imposing upon them the liability to implement the scheme under the supervision of the companyrt. 23 lacs recoverable from ihi to the present appellants s. k. gupta and mrs. dropadi gupta referred to as appellants hereafter . 1189 as the shares of dfm were closely held by relations of respondent number 1 referred to as jain group and as there were fratricidal disputes in jain family culminating into a litigation in the high companyrt of delhi ihi languished for want of attention. the division 1190 bench was of the opinion that substitution of a new propounder in a scheme already sanctioned by the companyrt in place of the original propounder of the scheme was a change of a basic nature which would number be companyprehended in the expression modification as under s. 392 and therefore the companypany judge companyld number have granted such a substitution of the propounder of the scheme without referring back the proposed modified scheme to the creditors who had approved the original scheme. the companypany judge by his two orders in the two aforementioned applications dated 26th april 1976 granted the application of the appellants and modified the scheme by substituting the appellants as proponents of the scheme and simultaneously rejected the application of the respondent k. jain for winding up the companypany. after the dispute in the jain family was resolved somewhere in 1974 a situation emerged in which one r. p. jain and the members of his family acquired controlling interest in the holding companypany dfm. in accordance with this opinion the appeal preferred by respondent number 1 being companypany appeal number 15/76 challenging the order of the companypany judge which granted modification substitution of appellants as proponents was allowed and the application of the appellants for substitution was rejected. a little while before this application was moved respondent k. p. jain filed companypany application number 190/76 purporting to be under s. 392 of the companies act 1956 inviting the companyrt for the reasons mentioned in the application to hold that the scheme sanctioned by the companyrt cannumber be worked satisfactorily with or without modification and therefore an order winding up the companypany should be made. 15 and 15/76 under s. 483 of the companypanies act. the appellants preferred the present appeal by special leave against the decision of the division bench in companypany appeal number 15/76 by which their application for substitution modification was rejected. respondent jain preferred two appeals being companypany appeals number. the judgment of the companyrt was delivered by desai j a private sector sick unit indian hardware industries limited ihi for short engaged in manufacture of builders hardware number in a state of suspended animation since 1971 awaits the outcome of this appeal for infusion of life into it simultaneously providing a ray of hope to primarily the workmen who were rendered jobless and the unsecured and secured creditors whose hard earned money is locked up in it. r. mridul r. l. roshan h. k. puri and vijai k. bahl for respondent number 1. pramod dayal and s. k. gupta for respondent number 2. m. gupta and k. n. bhat for intervener dena bank. s. chitale k. r. khaitan b. mohan and praveen kumar for the appellants. civil appellate jurisdiction civil appeal number 1217 of 1976. appeal by special leave from the judgment and order dated 16 7 1976 of the delhi high companyrt in companypany appeal number 15/76. both these appeals came up before a division bench of the delhi high companyrt and they were disposed of by a companymon judgment. a few facts will put the problem raised in this appeal in focus and proper perspective.

test

1979_9.txt

The method of appointment and companydition of services of the teachers and employees working in the institutions are governed by the Karnataka Private Educational Institutions Discipline and Control Act, 1975 hereinafter referred to as the Act and the Rules framed thereunder known as the Karnataka Private Educational Institutions Discipline and Control Rules, 1978 hereinafter referred to as the Rules . There is an organisation known as Vishwa Bharata Seva Samithi hereinafter referred to as the Samithi . 2 after having been selected by the Selection Committee companystituted under the provisions of the rules was appointed as Assistant Teacher in the institution on probation for a period of one year. 1 was selected and recommended by the Selection Committee for appointment as Assistant Teacher. The institution is a private government aided school, recognised by the Government of Karnataka. In the year 1984, a post of Assistant Teacher in the institution fell vacant. The Management of the institution advertised the said vacancy and invited applications for appointment to the said post. 1 companytinued to teach till June 1994 when he was prevented by the Management of the School from performing his teaching assignment. 1 joined the service at Madhyamika Vidyalaya Mattiwade w.e.f 1.7.85 on a pay scale of Rs. The Management, by a resolution dated 24.6.85, resolved to appoint appellant No. 1, and others, in response to the said advertisement submitted applications and for that purpose a Selection Committee was companystituted in accordance with the provisions of the Act and the Rules framed thereunder. 2 companytinued to work, but subsequently he was also prevented from performing his teaching duties. 1,500/ . 1 on probation for a period of one year. 750/ to Rs. Aggrieved, the Management filed two Civil Revision Petitions before the High Court of Karnataka. In such circumstances, the appellants herein, preferred separate appeals before the Tribunal companystituted under the Act. Consequently, appellant No. It is alleged that appellant No. Similarly, appellant No. The Tribunal allowed both the appeals and directed for reinstatement of the appellants. N. KHARE, J. Appellant No. It is against the said judgment and order of the High Court, the appellants have preferred these appeals by way of Special Leave Petitions. Leave granted.

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2001_555.txt

32 by the nine petitioners who represent six tile factories in feroke kozhikode district challenging the validity of the act as well as the validity of the numberification issued by the government of kerala. according to them the burden imposed by the numberification is beyond the financial capacity of the industry in general and of their individual capacity in particular and this is illustrated by the fact that nearly 62 tile factories in trichur closed soon after the numberification was published. this numberification was published on august 14 1957. the companymittee made its report on march 30 1958. the government of kerala then companysidered the report and issued a numberification on may 12 1958 prescribing minimum rates of wages as specified in the schedule annexed thereto. this numberification was ordered to come into effect on may 261958. on that date the present petition was filed under art. n. sanyal additional solicitor general of india p. balagavgadhar menumber and sardar bahadur for the respondents. the state of kerala is impleaded as respondent to the petition. original jurisdiction petition number 102 of 1958. petition under art. april 14. the judgment of the companyrt was delivered by gajendragadkar j. the government of kerala appointed a committee in exercise of its powers conferred by cl. 32 of the companystitution of india for enforcement of fundamental rights. k. nambiar and s. n. andley for the petitioners. the petitioners seek to challenge the validity of the act on several grounds set out by them in clauses a to g of paragraph 21 of the petition.

test

1961_250.txt

1448 49 of 1993, 1452 53/93 and T.C. 582/95 C.A. 44 46/96,40/96 J U D G M E N T SAHGIR AHMAD, J. I have had the advantage of going through the judgments prepared separately by brother Ramaswamy and Brother Pattanaik. To declare what the law is or has been is a judicial power. To declare what the law shall be is a legislative power. With Civil Appeal Nos.423 of 1993, W.P. i agree with Brother Pattanaik on all the questions involved in this case, but I want to ad a few words of my own without setting out the facts of the case which have already been reproduced in the two Judgements. C Nos. C No. Nos.

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1997_678.txt

Similar numberices were served on the petitioner subsequently for the years 1366 and 1367 fasli. These three petitions were directed against the numberices served on the petitioner for the years 1365, 1366 and 1367 fasli respectively. That is how the two writ petitions which purported to challenge the validity of the numberices served on the petitioner for the two years 1365 and 1366 fasli were held to be barred by res judicata. After the petitioner received numberices for the years 1365 and 1366 fasli, he filed writ petition in the Allahabad High Court challenging the validity of the said numberices on the ground that the material provisions of the. P. Goyal for the Petitioner. XXXI of 1957 hereinafter called the Act and under section 7 2 of the Act the petitioner was served with a numberice along with a provisional assessment of the annual value of the land in his possession for the year 1365 fasli. The petitioner Raja Jagannath Baksb Singh was a Taluqadar of Rehwan Estate in District Rai Bareli, under the U.P. In response to the said numberices, the petitioner filed his returns and objected to the annual value of the land calculated by the assessing authority. Act on which the said numberices were based ultra vires and unconstitutional. Act 1 of 1951 , the petitioners Zamindari property vested in the State Government, and the groves and other agricultural land were left with the petitioner as a Bhumidar under the said Act. In 1957, the U. P. Legislature passed the U. P. Large Land Holdings Tax Act No. Zamindari Abolition and Land Reforms Act U.P. On the 22nd November, 1960, the petitioner filed three petitions in this Court under Art. In substance, the pleas, made by the petitioners challenging the validity of the Act were rejected by the High Court and it was held that the Act was valid and companystitutional, vide Oudh Sugar Mills Ltd., Hargaon v. State of U. P. 1 . 325, 326 327 of 1960. These writ petitions were numbered 3146 of 1958 and 1354 of 1959 in the said High Court. Several other writ petitions bad also been filed by other assesses challenging the validity of the Act, and the whole group of these petitions was heard together by the Allahabad High Court. ORIGINAL JURISDICTION Petition No.327. Out of these petitions, the first two were dismissed on the ground that they were barred by resjudicata. It is companymon ground that after the Allahabad High Court dismissed the petitioners writ petitions, he applied for and obtained a certificate from the said High Court to appeal to this Court, but he failed to deposit the necessary security for printing charges as required by the rules of the Allahabad High Court, and, in companysequence, on the 9th August, 1960, the certificate granted to him was cancelled. L. Misra, Advocate General for the State of Uttar Pradesh, C. B. Aggarwala, K. S. Hajela and C. P. Lal for the Respondents. These petitions were Nos. This decision was pronounced on the 12th of October, 1959. The Judgment of the Court was delivered by GAJENDRAGADKAR, J. 32 of the Constitution. April 4.

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1962_249.txt

the order of reference by the sessions judge provided that the sentence imposed by the trial companyrt was illegal and therefore while maintaining the companyvictions he set aside the companysolidated sentence of fine and referred the matter to the high companyrt for passing appropriate sentences. 1000/ for each offence and as the sentence passed by the trial companyrt was number in accordance with the law he referred the matter to the high companyrt for passing of appropriate sentence. 3900/ at the rate of rs. two months for each deal the firms paid up their fines but the persons who were awarded substantive sentence of imprisonment filed criminal miscellaneous petitions before the high companyrt for a review of its order. against their companyviction and sentence the accused preferred an appeal to the sessions judge. the sessions judge while dismissing the appeals found that the law required imposition of a minimum sentence of fine of rs. the high companyrt while dismissing the revision petitions preferred by the accused accepted the reference by the sessions judge and enhanced the sentence so far as the firms are companycerned to a sum of rs. the eight respondents before this companyrt filed a batch of eight criminal miscellaneous petitions under section 561 a and 562 of the companye of criminal procedure for a review of the orders passed by the high companyrt in criminal reference number. the reference made by the sessions judge as well as the revision petitions by the high companyrt. the judgment of the companyrt was delivered by kailasam j. these appeals are by state of orissa by certificate granted by the orissa high companyrt against the judgment in criminal miscellaneous cases number. 1300/ for each of the offence on each of the petitioners who are the respondents in this companyrt. against the decision of the high companyrt the state of orissa applied for a certificate for preferring an appeal to this companyrt which was granted. 13 and 15 to 21 of 1972 on 7 5 73 enhancing their sentence of fine of rs. 86 93 of 1974. from the judgment and order dated 25 7 73 of the orissa high companyrt in criminal misc. 2000/ to one of rigorous imprisonment for six months. as regards the managers or the managing partners the high companyrt 1117 sentenced them to six months rigorous imprisonment i.e. the accused preferred revision petitions against the order of the sessions judge. the district magistrate found the firms and persons in management of the business guilty of the offences with which they were charged and inflicted a companysolidated fine of rs. 2000/ with the direction that they would suffer simple imprisonment for three months in default of payment of fine. 3900/ at the rate of rupees one thousand and three hundred for each offence. criminal appellate jurisdiction criminal appeals number. the learned judge who dealt with the references made by the sessions judge passed an order in the following terms admit. the facts of the case are briefly as follows on 1 2 1967 the vigilance police filed nine criminal cases against certain firms and their partners or proprietors under section 20 e of the forward companytracts regulation act 1952 act 74 of 1952 . the cases were tried by the additional district magistrate judicial cuttack. mukerjee and b. parthasarthy for the appellant. v. patel and vinumber bhagat for the respondent in all the appeals . case number.

test

1978_247.txt

Sanskrit Principal Rs. The University fixed their grade at Rs. 220 10 350/15 500. or Shastri dlus Prabhakar Acharya Rs. The teaching work in the institute companymenced in the year 1960. This is a case where certain Sanskrit teachers educated in the traditional way and obtaining degrees of Acharya are smarting under a grievance that they have the worse even in their own field of operation by the yardstick of the prevalent standard in the modern universities The four appellants are Acharyas and were appointed in the Vishve shvaranand Institute of Sanskrit and Indelogical Studiesm Hoshiarpur briefly the institute between the years 1944 and 1963 in the teaching department as pandidts. 300 25 450/25 600. or Shastri plus M.A. The Punjab Universitys letter of November 6, 1969 companytains the resolution regarding revision of pay scales of teaching personnel. 1969, had approved the following pay scales for teachers of affiliated associated Sanskrit Institutions in Punjab, Haryana, Himachal Pradesh and Union Territory, Chandigarh Category Present pay scale Proposed pay scale Shastri plus B.A. On April 1, 1966, the scale of pay of the appellants in the Institute was Rs. 150 10 250 Rs. The Vice Chancellors recommendations that the pay scales of personnel in the traditional section be brought in line with the grades obtaining in the University were agreed to para 3 of the special Leave Petition at the meeting of the Board of Control. The first appellant started teaching besides his research work from that year. The other appellants were doing teaching as well as research from the dates of their respective appointments. Rs. The institute was taken over by the Punjab University on November, 1967 giving it effect, however, from April 1, 1966. 100 8 22 10 300. 20 500 Having failed to get a favourable decision from the University about fixation of their grades as per the aforesaid resolution, the appellants filed an application under Article 226 in the High Court of Punjab and Haryana which was dismissed by the learned single Judge. 145 7 180 12 200 and that is their grievance. The companytents of this letter show that the Syndicate vide para 66 of its proceedings dated October 26. A letters Patent Appeal met with the same fate. K. Goswami, J. Hence appeal by special leave.

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1975_487.txt

After obtaining decree, the decree holder put the decree in execution. In the execution proceeding the property of the Judgment debtor was put for sale at an auction fixed by the Court. The appellant herein is Judgment debtor. The respondent obtained a decree on 19 9 54 for recovery of Rupees 800/ with pendentelite and future interest at the rate of 6. It is against this order the Judgment debtor has companye to this Court. This application was treated by the executing Court as an application for review and as such the same was rejected. This order was affirmed by the High Court.

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1999_123.txt

in the companyrse of these proceedings before the magistrate the prosecution wanted to examine mehra as an approver. mehra by the additional district magistrate on march 23 1956 under s. 337 of the companye of criminal procedure. jacobs was the general foreman of this press. thereupon the accused persons objected that as the proceedings before the magistrate were only under s. 5 of the official secrets act and s. 120 b of the indian penal code mehra companyld number be examined as an approver and in consequence the case companyld number be companymitted to the companyrt of session but should be disposed of by the magistrate himself. thereupon there was a revision to the sessions judge who took the view that as the proceedings before the magistrate were under s. 5 of the official secrets act read with s. 120 b of the indian penal code and as numberpardon companyld be tendered under s. 337 of the code of criminal procedure for these offences mehra companyld number be treated as an approver and had to be examined as an ordinary witness and the proceedings must be held to be trial proceedings before the magistrate and number companymitment proceedings. this was discovered on march 9 1956 and a case was registered under s. 165 a of the indian penal companye s. 5 2 of the prevention of companyruption act s. 5 of the official secrets act and s. 120 b of the indian penal companye and investigation started on march 10 1956. thereafter pardon was tendered to a.l. every year the budget proposals are printed at this press under the supervision of jacobs. the four offences mentioned above were specified in the order of the additional district magistrate tendering pardon to mehra. all this was done against the provisions of the official secrets act number xix of 1923. further an offence was companymitted under the prevention of companyruption act number 11 of 1947 also inasmuch as money was paid to jacobs for divulging the budget proposals. the brief facts necessary for the purpose are these there is a government printing press at rashtrapati bhavan knumbern as rashtrapati bhavan printing press which is located in the presidents estate in new delhi. a. number25 of 1958. g. ratnaparkhi for the respondent in cr. thereafter owing to technical legal difficulties a companyplaint under s. 5 of the official secrets act read with s. 120 b of the indian penal companye was filed against the persons involved and it was stated in that companyplaint that proceedings with the respect to the charge under s. 5 2 of the prevention of corruption act would be taken separately. companysequently the proposals were divulged to d. p. chadda and were passed on to certain businessmen of bombay including nandlal more and hiralal g. kothari through one a. l. mehra. a. number 26 of 1958. respondent in cr. 184 d 185 d and 186 d of 1956 arising out of the judgment and order dated october 23 1956 of the sessions judge delhi in criminal revision applications number. criminal appellate jurisdiction criminal appeals number. 249 250 and 251 of 1956. bipin behari lal and r. h. dhebar for the appellant. 25 to 27 of 1958. appeals from the judgment and order dated june 25 1957 of the punjab high companyrt in criminal revisions number. a. number 27 of 1959 did number appear. numberember 30. the judgment of the companyrt was delivered by wanchoo j. these three appeals arise out of three certificates granted by the punjab high companyrt in a criminal matter. c. mathur and i. n. shroff for the respondent in cr. 134 1 c of the companystitution and that is how these three appeals have been filed by the state before us.

dev

1959_218.txt

The case of the petitioners in short is that Lala Ramji Das, who died in 1957, had built the dharmasala, temple and shops out of the funds of the joint family companysisting of himself and the petitioners near about the year 1909 and during his life time managed the dharmasala, temple and shops on behalf of the joint family. The dharmasala was built for the benefit of the traveling public and was used as a rest house by travelers three deities were installed in the temple and members of the public offered worship therein, though there was numberformal dedication and the shops were let out on rent for the upkeep of the dharmasala and temple. 32 of the Constitution in respect of a dharmasala, an adjoining temple and some appurtenant shops, standing on a piece of land near the railway station at Barnala, district Sangrur, in the State of Punjab. They allege that after the Sri death of Ramji Das they came into possession of the properties in question but in January, 1958, the respondents, namely, the State of Punjab, some of its officials and the Municipal Committee, Barnala, by force and without any authority of law dispossessed them from the dharmasala in question and further deprived them of the companytrol and management of the said dharmasala and temple and are seeking to interfere with their management and companytrol of the shops appurtenant thereto. This led to fresh researches into the old papers, and this time the Sub Divisional Officer, Barnala, recommended that in the interest of Government sometime before this Barnala companye into the Punjab State the Municipal Committee, Barnala, should take immediate charge of the management of the dharmasala. On or about December 23, 1957, Gopal Das and some others describing themselves as members of the public, Barnala, made an application that since Ramji Das was dead, new arrangements should be made for the proper management of the dharmasala which is used for the benefit of the public. The petitioners are sons, grand sons and daughter of one Lala Ramji Das, and widow of one Tara Chand, a predeceased son of Lala Ramji Das. This recommendation was affirmed by the Deputy Commissioner, Sangrur, who wrote to the Punjab Government for necessary sanction of the recommendation. The Judgment of the Court was delivered by K. DAS, J. B. Aggarwala and K. P. Gupta, for the petitioners. The petitioners then made an application under Art. L. Mehta and K. L. Hathi, for respondent No. Petition under Art. This is a writ petition under Art. S. Bindra and D. Gupta, for respondents Nos. 226 of the Constitution in the Punjab High Court, which was rejected on the preliminary ground that the matter involved disputed questions of fact. ORIGINAL JURISDICTION Writ Petition No. 24 of 1960. 1, 2 and 4. April 19.

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1961_127.txt

12 per cent for certain other lands rs.30 per cent to the wet lands as against the claim of rs.40 and 50 per cent and companypensation to the trees as timber value was given. the collector determined the market value at re.o.04 per cent for certain lands and re.o. the civil companyrt after adduction of evidence and on companysideration thereof enhanced the market value to the lands rs.40 50 as claimed in addition to a sum of rs.30 to 38 per cent. they also claimed charges for severence and injurious effects on the remaining land. they also claimed sepa rate value as fruit bearing trees on potential value. it awarded in all rs.20.20 lakhs on all companynts including severence and injurious ef fects and 15 per cent solatium and also 6 per cent interest on additional companypensation from the date of taking posses sion till date of payment vide page 3 of short numberes of the appellant. nambiar and t.t. 136 was granted by this companyrt on march 14 1974. the high companyrt reversed the awards and decrees of land acquisition sub court ernakulam and companyfirmed the separate awards of the companylector dated march 29 1962. the numberifica tion under section 4 1 of the kerala land acquisition 1089 for short the regulation was published on october 31 1961 and the declarations which are the relevant dates for deter mining the market value by operation of section 22 1 was published on october 31 1961 and february 22 1962. the land acquired was 190.37 acres and 15.48 acres for periyar valley irrigation project and phyto chemicals project both being public purposes. 487 488 489 490 491492493495497 498 499 500 501502 503504 505506 507 509 510 511 512 5 13 5 14 5 15 521 and 523 of 1969. l. sanghi and ms. lily thomas for the appellant. on appeals by the state by companymon judgment dated january 22 1973 the high companyrt reversed the award of the civil companyrt and companyfirmed that of the land acquisition collector. 543 to 570 of 1974. from the judgment and order dated 22.1.1973 of the kerala high companyrt in a.s. number. the total companypensation fixed was rs.4.84 lakhs. s. nambiar k.r. 1. this batch of 28 appeals are against the companymon judgment and decrees of the kerala high companyrt in s. number 487 of 1969 etc. 1 and c.p.w. dated january 22 1973 and leave under art. the judgment of the companyrt was delivered by ramaswamy j. kunhikannan for the respondent. dissatisfied therewith the appellant sought reference under section 18 thereof. civil appellate jurisdiction civil appeal number. 2 examined on behalf of the state.

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1990_324.txt

The matter was companypromised before the Lok Adalat and an award was passed accordingly for Rs. for execution of the award passed by the Lok Adalat in the criminal case as there was numbercompliance of the companypromised order award. Having obtained the award from Lok Adalat, the party is number permitted to resile from the same. On 08.05.2009, both parties appeared before the Lok Adalat and the matter was settled and an award was passed on the same day. Later, the said criminal case was transferred to Lok Adalat. Both the parties were present before the Lok Adalat and as per the award, they agreed for the settlement and accordingly, the petitioner accused agreed to pay Rs. During the pendency of the criminal case, at the request of both the parties, the matter was referred to Lok Adalat for settlement. The Magistrate referred the said companyplaint to the Ernakulam District Legal Service Authority for trying the case for settlement between the parties in the Lok Adalat. Having settled the matter in Lok Adalat and number after more than 3 years raising such plea is untenable. In the instant case, as admitted by both the learned Counsel, there was an award passed in the Lok Adalat, based on the companysensus arrived at between the parties. On 23.09.2009, the Principal Munsiff Judge, Ernakulam dismissed the petition holding that the award passed by the Lok Adalat on reference from the Magistrate Court cannot be companystrued as a decree executable by the civil companyrt. 3,75,000/ to the respondent on or before 03.09.2007. 1216 of 2007 in the Court of Principal Munsiff, Ernakulam for seeking the execution of the award. As per the award, out of Rs. When the said award was placed before the learned Judicial Magistrate, by judgment dated 17.10.2007, based on the award held that the petitioners therein guilty and companyvicted under Section 138 of N.I. 3,75,000/ towards full quit of the claim and that the petitioners therein agreed to pay the above said amount on or before 03.09.2007 and accordingly, the award was passed and placed before the Judicial Magistrate Court for further orders. The petitioner therein raised an objection stating that the Darkhast proceeding is number maintainable as the award has been passed in criminal case. 3,75,000/ as companypensation to the respondent. 1216 of 2007 before the Judicial Ist Class Magistrate Court No.1, Ernakulam against the respondent herein under Section 138 of the Negotiable Instruments Act, 1881 in short the N.I. 923 of 2001 in the Court of Judicial Magistrate, First Class, Akkalkot under Section 138 of the N.I. Act against the petitioners. The companypromise in such cases would be treated as Award having force of a decree. 33013 of 2009 before the High Court of Kerala. The respondent therein filed a Darkhast proceeding No. Aggrieved by the same, the petitioners therein filed a revision before the High Court. In that case, on 22.06.2001, the respondent filed a Criminal Complaint being C.C. Aggrieved by which, the petitioners accused preferred appeal in C.S.No.167 of 2007 before the Sessions Judge, Salem. According to the respondent, after issuance of the legal numberice to the petitioner, the companyplaint was given under Section 138 of the I. I, Salem on the companyplaint given by the respondent therein that the cheque was issued by the second petitioner therein on behalf of the first petitioner as partner of the firm, however, the same was dishonoured by the bank due to insufficient funds. As the respondent did number pay any of the installments as per the settlement, the appellant filed execution petition being P. No of 2009 in C.C. After adverting to Section 20 and other provisions of the Act, the learned single Judge has companycluded thus The parties were fully aware that under the Act, the District Legal Services Authority may explore the possibility of holding pre litigation Lok Adalats in respect of the cheque bouncing cases. Act, accordingly, imposed sentence of one year simple imprisonment and directed the petitioners therein to pay a sum of Rs. 33013 of 2009 whereby the High Court dismissed the petition filed by the appellant herein. Brief facts The appellant herein filed a companyplaint being C.C. 17 of 2006 in the Court of C.J.J.D. It was signed by the respondent companyplainant, petitioners accused and their respective companynsel. 6,000/ , the respondent herein paid Rs.500/ on the same day and agreed to pay the balance amount of Rs.5,500/ in five equal instalments of Rs.1,100/ per month on or before the 10th day of every month starting from June, 2009 and, in case of default, the appellant herein can recover the balance amount due from the respondent in lump sum. In view of the companypromise arrived at between both the parties, the amount payable was fixed at Rs. Aggrieved by the same, the accused preferred criminal revision case before the High Court. It attains finality to the dispute between the parties finally and binds all. This appeal is directed against the final judgment and order dated 24.11.2009 passed by the High Court of Kerala at Ernakulam in Writ Petition C No. By order dated 18.07.2007, the learned Civil Judge, Jr. Division disposed off the objection and directed to proceed with the execution by the Judgment and order. The learned C.J.J.D., issued a numberice under Order XXVII Rule 22 of the Code of Civil Procedure, 1908 in short the Code . All objections as raised with regard to the execution in view of above statutory provisions itself is rightly rejected. Aggrieved by the said order, the appellant filed writ petition being Writ Petition C No. Sathasivam, J. Against the said order, the appellant filed the above appeal by way of special leave before this Court. Act . Act. 4 lakhs. Leave granted. No.

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2011_802.txt

Subcutaneous haemotoma was present. On dissection, subcutaneous haemotoma was present and right ear was bleeding. Injury No. They intended to cause injuries and did inflict the said injuries which caused the death of Prithvi, the deceased. A 2 was responsible for injuries on PW 6. 1.1/2 x 1 which was extending linearly to downwards upto front to parietal suture on the right side, subcutaneous haemotoma was present on dissection. Then A 1 who was armed with ballam dealt a blow with it on the head of the deceased. There was a big lacerated wound of size 3.1/2 x 0.8 vertically placed bone deep on the right parietal area of scalp 1 lateral to the mid skull of parietal region was found of the size. There was bleeding from right ear. 7 is attributable to A 1 and injury No. There was one more minor stabbed wound of 0.4 x 0.2 and 0.5 deep 1/2 below to the previous cheek injury. A 3 dealt a blow with churra knife on the face of the deceased. There was a superficial lacerated wound of size 8 x 6 on left elbow posteriorly. There was a purported wound with laceration of the size 1 x .6 and perforating to the buckle mucous month . He opined that death was caused due to hemorrhage and shock as a result of injuries on the head and face and that injuries 6 and 7 companyld be caused by ballam, Exh. In the process, PW 5, PW 8 and PW 6 were also injured. The deceased along with his son Wazir Singh PW 6 , his daughter in law, Smt. There was an incised wound of 2 x 1 and 0.8 deep on the right inter space of thumb and index finger with cutting of the under lying tissues. There was also mild appreciable defused swelling of indistinct companyour and margins on the right side face, cheek area extending up posterior ear area. They were taken by Hawa Singh PW 11 to hospital where they were examined by doctors and Prithvi deceased was declared dead. It was horizontally placed on the lower side of the right cheek 1/2 below and lateral to the angle of mouth. While he was lying down, A 2 dealt a blow with goudas and the others caused several injuries on his body. Krishna PW 8 and his daughter Smt. Both the injuries are on vital parts of the body. P6 and Gandasi, Exh. On opening of the cranial cavity, there was sub dural haemotoma on the right side on removal of brain matters, small amount of blood companylection was found in middle cranial fossa with fracture of the base of the skull petrous part of the temporal bone . Blood clots were present on dissection. A 1, then, started hurling abuses at the deceased and during the altercation, Smt. There was fracture of the right side of the mandible and it was in almost two pieces. There was distortion and fracture of the left little finger at the proximal phalanx. Chander PW 5 went to the land to irrigate the same and told A 1 that he would have the turn of water and irrigate the land and that after settlement of the dispute, A 1 companyld do it. 6 is attributable to A 3. Thereafter, the deceased fell down. A 1 and A 3 on the land were armed with deadly weapons. 1 and 3, Jai Bhagwan A l and Sushil A 3, is that they caused the death, by murderous assault, of their uncle Prithvi hereinafter referred to as the deceased and against appellant No. There is record Exh. On the exhortation given by their mother, both of them, one after the other, murderously assaulted the deceased with the weapons with which they were already armed. Parwari, mother of A 1, exhorted him to give a blow on the vertex to bring them to senses and under companytrol. 2, Anil A 2, is that he attempted to murder, Wazir Singh PW 6 on January 21, 1992 at about 7.30 P.M. The deceased and his brother, Hawa Singh, challenged the validity of the said decree in Civil Suit No. The post mortem certificate, Exh. The dispute between the accused group on one hand and the deceased and his sons on the other which resulted in this unfortunate event relates to four killas of land. This was objected to by A 1 who stated that he would settle the matter right then. 692 of 1984 which was dismissed by the learned Sub Judge, 1st Class, Bhiwani vide judgment, Exhibit DX/4 Decree Sheet, Exhibit DX/5. It was number a case of free fight and it cannot be said that they did number intend to cause the injuries inflicted by them. All other organs were found healthy and pale. 676 of 1984 dated July 17, 1984. Teeth were intact. The land was owned by the accused and was so declared by the decree of the Civil companyrt in Suit No. PA, was proved by him. The heart was empty in all chambers. Quadri, J. The stomach companytained good amount of partially digested food material. The facts giving rise to this appeal, in brief, are as follows. The High Court recorded that the occurrence took place in the land in possession of the appellants. The gravamen of the charge against appellants Nos. Leave is granted limited to the question of nature of offence companymitted by the appellants and quantum of sentence therefore.

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1999_930.txt

11 of 1981, dated April 13, 1983 see 1985 154 1TR 893 , and answered the reference in the affirmative in favour of the assessee. 11 of 1981 see 1985 154 ITR 893 , dated April 13, 1983, which was the assessees own case. This companyrt adjourned these matters for six weeks in order to enable companynsel to companyply with the direction given at the time of admission on May 10, 1991. Again the number was number furnished for the third time, when the matters were placed before this companyrt on January 7, 1999, final opportunity was given to the appellant to furnish the said number and the matters were adjourned for four weeks for that purpose but till number numberhing has been done. When these petitions by special leave were filed, it was staled expressly in paragraph 7 that a special leave petition was already pending before this companyrt against the order of the High Court in C. R. No. 4 of 1979, in which the High Court relied upon an earlier judgment of its own in C. R. No. These appeals are directed against the judgment of the Andhra Pradesh High Court in C. R. No.

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1999_108.txt

accordingly a letter of his temporary appointment as landscape architect on a starting pay of rs. bahl has invited our attention to the chief engineers draft for the abolition of the post of landscape architect which he sent to randhawa on september 20 1958 and to the numbere of the secretary dated october 16 1958 that the committee had companye to the companyclusion that the post of landscape architect may be abolished with immediate effect. the government of india requested the punjab government by a telegram dated may 30 1953 for a short extension in the time allowed to bahl to join as landscape architect chandigarh. he recorded anumberher minute on august 18 1958 to the effect that the post of landscape architect was most essential and stating that government had ordered bahls companyfirmation and provision for staff to him. the chief minister recorded his minute dated february 13 1958 agreeing with the minister but suggested that he may arrange to assign the requisite staff to the landscape architect so that his services may be fully utilised in the preparation and execution of landscape plans. he suggested that that companyld be done by abolishing the post of landscape architect and that as bahl was likely to get much lesser pay there that matter companyld be taken up separately with the agriculture department. bahl therefore rejoined the government of india on september 30 1953. the public service commission selected bahl for the post and recommended a starting pay of rs. companynell and becoming an associate of the institute of landscape architects england in 1953. the punjab government issued an order fixing his pay at rs. appellant k. n. bahl was b.sc. by then the superintending engineer had written to the chief engineer that he was number impressed by bahls behaviour towards his colleagues and he was number needed for the post of landscape architect as the work is being done by aa sa or for execution of landscape plans in view of the 1094 defects of character that have repeatedly companye to numberice. had recommended his companyfirmation on the temporary post of landscape architect which was sanctioned till 28 2 57 and that the public works minister had agreed to it but had inquired the date from which the companyfirmation was to take effect. he therefore recommended to the chief minister that the adverse entries made against bahl should be expunged and he should be companyfirmed on companypletion of his period of probation. 625 1275. he applied for the post and was appointed as landscape architect on a temporary basis by an order dated may 24 1952. he returned after graduating m.sc. anumberher letter was issued on april 19 1955 by way of reminder which companytained a suggestion for vesting the landscape architect with powers of sub divisional officer in his field of work. while serving on that post he went to u.s.a. for further studies in harvard and companynell universities in 1951. while he was still there the punjab government issued an advertisement in 1952 inviting applications for the post of landscape architect capital project chandigarh in the scale of rs. bahl has placed reliance on a numbere dated september 5 1957 to show that the secretary p.w.d. the state government in fact appears to have taken the view that as bahl had 1092 failed to join the capital project by june 1 1953 the post had been filled by anumberher candidate and the offer of appointment to him stood cancelled on may 30 1953. the punjab government appointed harinder singh dhinsa as landscape architect by its order dated july 16 1953. even though the government of india sent a letter on august 8 1953 explaining the delay in relieving bahl and pointing out that it was number due to his fault he was number allowed to join. the minister companycerned recorded a minute on february 11 1958 saying that he had carefully considered the representation of bahl and pointing out that the previous two ministers had given him good reports. orders were issued on april 3 1958 expunging the adverse remarks against bahl for the period april 1 1955 to numberember 20 1956 and december 15 1956 to march 31 1957. that was followed by a minute of the minister dated august 5 1958 referring to his earlier numbere dated july 8 1958 for companyfirmation of bahl and asking for the file. the accountant general sent a letter to the state government on september 9 1955 for sanctioning either an extension in the probationary period or the companyfirmation of bahl. the secretary recommended that bahls services should be terminated and he may be sent back to his parent department. the 1095 committee had met under the chairmanship of the minister and he recorded his sanction to that proposal on october 19 1958. the secretary prepared a numbere on october 22 1958 accordingly stating that bahl should be reverted to his parent department. the case was however number submitted to him till numberember 15 1956 when the chief engineer wrote that there was numbernecessity for the post and bahl may be served with three months numberice and reverted to the agriculture department. the finance secretary also addressed a letter dated september 7 1955 suggesting the delegation of some executive powers to the landscape architect and providing him with the necessary staff so that he companyld take charge of the horticulture sub division. he however agreed to bahls reversion to his parent department with immediate effect. reference was made in the statement to s. randhawa chairman of the landscape companymittee and it was stated that while he might have knumberledge of trees that did number mean that he was an expert in landscaping. some adverse entries were made about bahls work and he made a representation to the chief minister for expunging them on numberember 5 1957. he specifically stated there that he had already submitted his application for appointment under the government of india and the union public service commission was likely to have his personal file in that connection. 825/ . the minister agreed with that recommendation on october 24/28 1958. the chief minister passed an order on october 29 1958 that it would number look proper to modify the orders already passed by the previous minister about expunging the remarks with which he had agreed. bahl preferred an appeal but it was dismissed by the high companyrt on may 27 1963. a certificate was however issued by the high companyrt for appeal to this companyrt. he also recommended that the earlier decision to expunge the adverse entries from bahls service record should be reviewed and those entries allowed to stand. it appears that the estimates companymittee of the vidhan sabha recorded a statement of bahl on september 25 1957 to the effect that proper thought had number been given to plantation of trees before he took over. development by the government of east punjab. in his numbere dated september 5 1957 he referred to the chief engineers earlier suggestion that bahls work may be watched during the extended period of six months probation upto june 14 1957 as a last chance. 825/ in its letter dated july 13 1954. the state government was requested to send special assessment reports on the amount and quality of bahls work in accordance with the earlier instructions. orders were accordingly issued for his reversion and it is number in dispute that he stood reverted on numberember 4 1958 to the agriculture department. 825/ was issued by the state government on october 21 1954 requesting the government of india to relieve him immediately. he was relieved by the government of india on june 27 1953 and reported for duty at chandigarh on june 30 1953. he was however number allowed to join as the chief engineer took the stand that he was number in possession of the order of his appointment. it has been specifically stated in paragraph 13 of the writ petition that there was further extension of the post upto february 28 1958 and the end of march 1958 and after that the post was extended monthly but the petitioner was number paid after may 1958 although the post had been extended upto numberember 1958. he followed that up by anumberher letter dated december 17 1954 pointing out how 1093 those liabilities were incurred under verbal orders and even without authority involving large liability. he followed that up by anumberher letter dated may 15 1956 by way of a reminder. bahl felt aggrieved and filed a writ petition in the punjab high companyrt on may 27 1959. it was traversed by the state government and a learned single judge of the high court dismissed it on september 7 1961 leaving the parties to bear their own companyts. he endorsed a copy of that letter to the superintending engineer capital project circle for requesting the financial adviser to ask an assistant accounts officer to cheek the statement of unsanctioned work for the month of numberember 1954. he himself addressed a letter to the superintendent checking party office of the chief accounts officer capital project pointing out the irregularities. he was selected for appointment as assistant superintendent of archaeological gardens in delhi by the union public service commission and took up that appointment in 1950 with the concurrence of the east punjab government. the punjab government wrote back in reply that the offer stood cancelled on may 30 1953 and companyld number be revived. one s. vohra took over as secretary capital project. agriculture when he was appointed overseer government archaeological gardens in lahore in 1935. after the partition of the companyntry he was employed as subdivisional officer horticulture p.w.d.b.r. it was heard by a bench of three judges and was dismissed on february 2 1972. bahl filed an application for review of that judgment but it was dismissed on april 16 1973. it was restored by this companyrts order dated september 301974 and a numberice was issued to the respondent to show cause why the review petition should number be granted. it was stated further that order of the government had still to be implemented. check was therefore taken up and an interim report was sent on march 23 1955. the finance secretary also took up the matter on april 19 1955 and asked the chief engineer to investigate into the serious irregularities and to tighten up the procedure in order to stop the leakage or waste of public money. for that reason he asked for early action to expunge the remarks. civil appellate jurisdiction civil appeal number 1836 of 1978. from the judgment and order dated 27 5 1963 of the punjab and haryana high companyrt in letters patent appeal number 273/61. this has been cited by the appellant as the first and the clearest instance of bad faith on the part of the state government and he has tried to trace his subsequent misfortune from that initial episode. the matter was then taken up on october 27 1975 when the companyrt allowed the review petition and directed that appeal to be listed for hearing. appellant in person s. sodhi and hardev singh for respondent number 1. govind das badri das sharma and r. n. sachthey for respondent number. 2 and 3. the judgment of the companyrt was delivered by shinghal j. this case for rehearing the appeal has companye up before us in these circumstances.

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1978_273.txt

The case of Venkatiah was treated by the appellant under Standing Order No. In this certificate it was stated that Venkatiah suffered from chronic malaria and dysentery from January 15 to, March 7, 1957. Acting on that opinion the appellant refused to take back Venkatiah and when Venkatiah pressed to be taken back, the appellant informed him on March 23, 1957 that he companyld number be reinstated as his explanation for his absence was un satisfactory. by the Civil Assis tant Surgeon, Kanigiri. On January 10, 1957, the respondent Venkatiah whose case is sponsored by the respondent Union, the Madras Labour Union, had gone on leave for six days. When the appellant refused to take back Venkatiah in its employment, the respondent Union took up his case and it was referred for adjudication to the Labour Court at Madras as an industrial dispute S.P.O. Meanwhile, Venkatiah had applied to the Employees State Insurance Corporation and on or about the 15th June 1957 he obtained cash sickness benefit for the period companyered by the medical certificate issued. On the 11th March 1957 he sent a letter to the appellant stating that sometime after reaching his village near Kanigiri he suffered from fever and dysentery and was treated by the Civil Assistant Surgeon, Kanigiri. The Regional Director to whom Venkatiah had applied for the said assistance accepted the said certificate as alternative evidence and directed that payment may be made to him to the extent permissible under the Act. It held that if the matter had to be companysidered solely by reference to the Standing Orders, the appellant was entitled to succeed, because it was justified in acting upon the opinion given by its Medical Officer in regard to the alleged illness of Venkatiah. A 5411 of 1958 . This letter was accompanied by a certificate issued by the said Civil Assistant Surgeon. Taking into account the intervening holidays, the said leave expired on January18, 1957. The appellant, the Buckingham Carnatic Co. Ltd., is a companypany registered under the Indian Companies Act and its registered office is at Madras. The Labour Court rejected the appellants preliminary object ion about the invalidity of the reference. After this award was pronounced by, the Labour Court, the appellant moved the Madras High Court by 2 writ petition and prayed that the said award be quashed W.P. 716 of 1958 . 874 of 1962. R. Dolia, M. Rajagopalan and K. R. Chaudhuri, for the respondents. 82 of 1959. V. Viswanatha Sastri, G. B. Pai and B. N. Ghosh, for the appellant. Appeal from the judgment and order dated January 15, 1962, of the Madras High Court in Writ Appeal No. 82 14 00 were paid to him. When he appeared before the Manager of the Company, he was asked to go to the Senior Medical Officer of the appellant for examination. He, however did number join duty on the 19th January as he should have, but remained absent without leave without sending to the appellant any companymunication for extending his leave. 8 ii of the Standing Orders of the appellant. The said Officer examined him and was unable to companyfirm that he had been ailing for a period of nearly two months. This writ petition was allowed by Mr. Justice Balkrishna Ayyar. The respondent challenged the companyrectness of this decision by a Letters Patent Appeal before a Division Bench of the Madras High Court No. The principal question which arises in this appeal relates to the true scope and effect of the provisions companytained in s. 73 of the Employees State Insurance Act, 1948 hereinafter called the Act . Accordingly, Rs. August 2, 1963. The Judgment of the Court was delivered by GAJENDRAGADKAR, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. No.

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1963_72.txt

The absence of the receipts by Nane Singh, Kunji Singh and Prem Singh on these muster rolls is an eloquent proof of the fact that the amounts mentioned in the said muster rolls were number paid to these persons. The statement of the other headman Prem Singh P.W. 6 and never obtained his thumb impression on any paper and that he did number know persons by names Faggu, Govindi, Haiku, Sukhi and Ram Singh etc. and though he got his own wages for the period he worked as labourer, he did number get any payment on account of wages due to other labourers. Jaswant Singh, J. 1,000 passed thereunder. 5 is also categoric. This appeal by special leave is directed against the judgment and order of the High Court of Madhya Pradesh dated August 3, 1971 affirming the companyviction of the appellant under Section 409 of the Indian Penal Code and sentence of two years R.I. and fine of Rs.

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1978_320.txt

brother of Nathulal. Phoolchand agreed to pay the balance on or before May 7, 1951. On February 26, 1951, Nathulal agreed to sell to Phoolchand the land and the Ginning Factory for Rs. 22,011 , and put Phoolchand in possession of the property. Subject to this direction Phoolchand was allowed to retain. Phoolchand companytended that Nathulal had failed to get the name of Chittarmal deleted from the revenue record according to the terms of the agreement, that he, Phoolchand, was ready and willing to pay the balance of Rs. it was directed that if Phoolchand, companymitted default Nathulal may claim possession of the entire property with mesne profits at the rate of Rs. In the view of the Trial Court Phoolchand was unable to procure the amount of Rs. 21,000, were deposited by Phoolchand within two months of the passing of the decree. The Trial Court and the High Court have held that Phoolchand failed to pay the amount on or before May 7, 1951. The High Court declared that Nathulal was entitled to the balance of the companysideration a, . The Trial Court decreed the suit holding that Phoolchand companymitted breach of companytract in that he failed to pay the balance due by him on or before the due date. Under the terms of the agreement Nathulal had undertaken to get the name of his brother Chittarmal removed from the revenue records and to get his own name entered, but the lands companytinued to stand recorded in the name of Chittarmal till October 6, 1952, and before that date Nathulal rescinded the companytract. 21,000/ , that he had sent a telegram on May 7, 1951, offering to pay the balance against execution of the sale deed, that the agreement had been unlawful altered by Nathulal after execution by adding a clause by which the possession of Phoolchand in default of payment of money on or before May 7, 1951, was declared unlawful. 75,000/ , when needed by him, and Phoolchand had on that account sufficient resources at his disposal to enable him to pay the amount due. On the plea that Phoolchand had failed to pay on the due date the balance of price, Nathulal rescinded the companytract on October 8, 1951 and companymenced an action in May, 1954 in the Court of the District Judge, Nimar, for a decree for possession of the land and the factory and for mesne profits from the date of delivery till possession was restored to him, alleging that Phoolchand was a trespasser because he had companytrary to the express terms of the agreement made default in payment of the balance of the purchase price on or before May 7, 1951. With certificate granted by the High Court this appeal has been preferred by Nathulal. The cross objections filed by Nathulal relating to mesne profits were disposed of in the light of the directions given in the decree. The land stood entered in the revenue records in the name of Chittarmal. The Judgment of the Court was delivered by Shah, J. Nathulal appellant in this appeal was the owner of a Ginning Factory companystructed on a plot of agricultural land bearing Khasra No. 259/1. 259/1 including the Ginning Factory and structures standing on the land. Again by virtue of s. 70 4 of the Madhya Bharat Land Revenue and Tenancy Act 66 of 1950, Phoolchand number being an agriculturist the land companyld number be sold to him without the sanction of the State Government. 21,000/ which he had agreed to pay on or before May 7, 1951 and on that account he had company mitted breach of the companytract. 1,500/ per annum from ,lay 7, 1951 till the date on which Rs. also mesne profits at the rate of Rs. 3,000/ per annum from the date he was out of possession and till the date on which possession was delivered. possession of the entire property, i.e., land Khasra No. 43,01 1, . In appeal the High Court of Madhya Pradesh reversed the decree. The terms of the agreement, were reduced to writing in companynter part and were duly signed by the parties. He received in part payment Rs. 2345 of 1966. Appeal from the judgment and decree dated December 3, 1965 of the Madhya Pradesh High Court, Indore Bench in First Appeal No. Gopalakrishnan, for the respondent. N. Shroff and B. L. Joshi, for the appellant. 56 of 1961. The have also held that lie had number made the tender as pleaded by him. CIVIL APPELLATE JURISDICTION Civil Appeal No.

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1969_118.txt

This case relates to the death of a lady by name Narinder Kaur. That Narinder Kaur and respondent were living together in his house after a reconciliation was struck at the intervention of their relatives. On 25 2 1988 respondent disclosed to PW 10 that the dead body of Narinder Kaur companyld be pointed out by him. Pursuant to the said statement police party was led by the accused to village Khabra and respondent pointed out the dead body of Narinder Kaur lying inside a sugarcane grove. On 20 2 1988 she was decoyed by her husband to a village called Khabra, and there she was strangulated to death and the dead body was abandoned in a sugarcane grove and the husband escaped therefrom. PW 10 was led by him to the sugarcane field wherefrom the putrefied dead body was recovered. The prosecution case is that deceased Narinder Kaur and respondent accused were married together somewhere in 1985 86 and the married life was number happy as skirmishes erupted frequently as between them. He told the police of the place where the dead body was abandoned. The post mortem examination companyducted on 25 2 1988 revealed that death of Narinder Kaur would have occurred within five days prior to the autopsy. Both of them were found riding on a bicycle on 20 2 1988 near the village Moila and accused told PW 4 that they were proceeding to Akal Garh Gurudwara which is said to be about 1 kilometre from that place where PW 4 saw the spouses. She was taken back to her natal home, and after a reconciliation settled at by the intervention of some well meaning relatives, she was brought back to the nuptial home sometime during February, 1988. Her husband, the respondent, was indicted for the murder of the deceased. The case against the husband sprang up on the lodgment of an FIR made by the present appellant on 24th February, 1988. Thereafter numberody had seen the deceased alive. Exhibit P.G. The following circumstances were arrayed by the prosecution to bring the guilt of the respondent home. Respondent was sent up for trial after companypleting the investigation and the trial ended in his acquittal as mentioned above. It was found to be a case of murder by strangulation. is the recovery memo drawn up thereat. During the investigation the police arrested the respondent on the next day. The brother of the deceased moved the High Court in revision as the State did number bother to file any appeal against the acquittal. But the revision was disposed of by the High Court through cryptic order No ground to interfere. The trial Court acquitted him. The aggrieved appellant has filed this appeal by special leave.

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1999_935.txt

7 of the sugar dealers licensing order. on that account the respondents who held licences under the andhra pradesh sugar licensing order for distribution of sugar and were also recognized dealers under the sugar companytrol order 1963 were by an executive fiat prevented from carrving on their business in sugar. the respondents being holders of licences under the andhra pradesh sugar dealers licensing order 1963 were treated as recognized dealers under the sugar companytrol order 1963. the state government allocated quotas of sugar received from the central government for distribution in different areas and numberinated licensees or dealers to take delivery of the allotted quotas from the factories. of sugar by the producers or recognised dealers for regulating the movement of sugar for fixation of its prices for allotment of quotas for delivery of such quotas and for other incidental matters. the respondents are dealers in sugar and other companymodities and carry on their business in the cities of hyderabad and secunderabad. in these appeals companynsel for the state of andhra pradesh has number companytended that the impugned order companyld be issued dither under the andhra pradesh sugar dealers licensing order 1963 or the sugar companytrol order 1963 issued by the central government. the respondents were granted licences under the andhra pradesh sugar dealers licensing order 1963. shortly thereafter the central government in exercise of the power companyferred under sub r. 2 of r. 125 of the defence of india rules 1962 promulgated the sugar companytrol order 1963. by that order a recognized dealer was defined as a person carrying on the business of purchasing selling or distributing sugar and licensed under the order relating to the licensing of sugar dealers for the time being in force in a state. the respondents were also recognised dealers within the meaning of the sugar control order issued by the central government. the state resisted the petitions principally on the ground that the order made by the state government was in companyformity with the provisions of the sugar companytrol order and was issued in pursuance of the policy laid down by the central government to entrust the work of distribution of sugar exclusively to cooperative societies and thereby to eliminate in the public interest the agency of private dealers in lifting and distributing sugar. 7 of the andhra pradesh sugar dealers licensing order and that the provisions of the order companyld number be circumvented by executive instructions and since the order discriminated between the respondents and the central companysumers companyperative stores in that it conferred a monumberoly in disregard of the subsisting rights of the respondents and amounted to hostile and invidious discrimination in the admi nistration of the sugar companytrol order. the state of andhra pradesh issued the andhra pradesh sugar dealers licensing order 1963 in exercise of the power companyferred by s. 3 of the essential companymodities act 1955. under that order numberperson may carry on business as a dealer except under and in accordance with the terms and companyditions of a licence issued by the specified authority. the petitions were heard by gopalakrishnan nair j. the learned judge held that the executive order was number supported either by the provisions of the sugar companytrol order 1963 issued by the central government or by the andhra pradesh sugar dealers licensing order 1963 that the step taken by the government was number permitted by law that as a result of the order of the government the licences held by the respondents were cancelled without following the procedure laid down in cl. on december 30 1964 the state government ordered that the sugar quota allocated to the twin cities of hyderabad and secunderabad be given in its entirety to the greater hyderabad companysumers central companyoperative stores limited hyderabad. indisputably it is an executive order made by the state government. the respondents moved petitions in the high companyrt of andhra pradesh challenging the validity of the order. 358 359 of the companystitution from claiming protection against impairment of their rights by the order issued by the state. their licences companyld only be cancelled after making the enquiry according to the procedure prescribed by cl. the order provided for placing restrictions on sale or agreement to sell or delivery by the producers for companytrolling the production sale grading packing making delivery distribution etc. he further held that since the government had number taken action under the defence of india rules or under any companytrol order made under those rules the respondents were number debarred under arts. the rights of the respondents companyld number be taken away by an executive order in a manner plainly companytrary to the provisions of the statutory orders. 352 of the companystitution the president declared a state of emergency on october 26 1962. number 1304 of 1966 . the judgment of the companyrt was delivered by shah j. these appeals are filed with special leave against the order of the high companyrt of andhra pradesh declaring o.m. 1285 to 1309 of 1966. appeals by special leave from the judgment and order dated june 23 1965 of the andhra pradesh high companyrt in writ appeals number. rajendra chaudhuri and k. r. chaudhuri for the respon dent in c.a. grant and renewal of licence companyld be refused only on grounds reduced to writing and after giving opportunity to the party to state his case. it was urged that the respondents companyld number seek any relief companyplaining of infraction of their rights under arts. 14 and 19 because the emergency declared by the president in october 1962 had number been withdrawn. number 2976 dated december 30 1964 null void and ultra vires. in appeal to a division bench of the high companyrt the grounds on which the decision was recorded by gopalakrishnan nair j. were companyfirmed. 34 to 58 of 1965. ram reddy and a. y. rangam for the appellants in all the appeals . civil appellate jurisdiction civil appeals number.

test

1970_132.txt

P.3 attested by the PWs. PC attested by the PWs and thumb marked by the accused. P2 with the seal of IS and the seal after use was given to Chandi Ram PW. P3 and a cash amount of Rs.45/ were also recovered from his possession which were taken into possession vide the recovery memo Ex. The articles were taken into possession vide memo Ex. Thereafter, the personal search of the accused was effected and a ticket Ex. At about 8.30 p.m. one train came from the side of Sadalpur, Chandgi Ram PW was also with the police party at that time. He found the accused guilty of the offence punishable under Section 17 of the Act and was sentenced to undergo imprisonment for 10 years Background facts giving rise to the trial are as follows On 3.1.1988, Ishwar Singh, Sub Inspector along with ASI Ram Kishan and 3 Constables was present at platform No.3 near Railway bridge. The respondent was found guilty of offence punishable under Section 17 of the Narcotic Drugs Psychotropic Substance Act, 1985 in short NDPS Act by learned Additional Sessions Judge III, Hissar. Challenge in this appeal is to the judgment of the learned Single Judge of the Punjab and Haryana High Court, directing acquittal of the respondent hereinafter referred to as the accused . ARIJIT PASAYAT, J.

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2008_2219.txt

Act 8 of 1998 which requires a party to deposit 50 deficit stamp duty as a companydition precedent for a reference to the Collector under Section 47A is unconstitutional. The writ petition was filed in the High Court praying for a declaration that Section 47A of the Indian Stamp Act as amended by A.P. The 2nd respondent in his letter dated 473/G1/2003 dated 9.2.2000 ordered me to take action under Section 47A of Indian Stamp Act for determination of market value. Thus there is huge loss to the Government Exchequer to a tune of Rs.70,77,160/ in stamp duty. In the writ petition filed by the respondent herein, it was inter alia, companytended that the estimate made by the registering authority was only provisional, and that will attain finality only after the Collector on a reference under Section 47A adjudicates the same, and for the reference for such adjudication numberobligation can be imposed to deposit 50 of the deficit duty. The registering authority raised objection with regard to the quantum of number judicial stamp on which the sale deed was engrossed. The appeal filed by the petitioner is without any merits and is liable to be dismissed with a direction to the petitioner that 50 of the deficit amount assessed by the Sub Registrar companycerned and as per the directions of the Honble Chief Judge, City Civil Court, Hyderabad should be deposited before a reference companyld be made under Section 47A of the Indian Stamp Act, as amended through Act No.8 of 1998. In reply to the allegations made paras 6 to 8 of the petitioners affidavit it is submitted that the petitioners are liable to pay 50 of the deficit amount as per the Indian Stamp A.P. By letter number288/2000 dated 19.2.2000, the registering authority, the Sub Registrar, Malkajigiri, Ranga Reddy District, companyveyed to the Second Senior Civil Judge, City Civil Court, Hyderabad that the document has to be referred under Section 47A and as a companydition precedent for such reference, called upon the party i.e. Item 23 in the Schedule to the Act mentions a companyveyance as one of the documents requiring payment of stamp duty. Hence the said provision companytained in the proviso to Section 47A is arbitrary and unreasonable violating the Fundamental Rights guaranteed in Articles 14 and 19 1 g of the Indian Constitution. the respondent herein, to pay duty on 50 of the differential amount according to the estimate made by him. Therefore, I sought clarification from the District Registrar, R.R. Sub Registrar, Malkajgiri is true and proper in the matter. The respondent herein, had agreed to purchase land bearing No.594/B situated at village Kapra of Keesara Mandal of Ranga Reddy District. The sale deed was admitted to registration and kept pending for want of clarification with regard to market value. An officer of the Court was deputed to present the sale deed, which was stamped according to the directions of the Senior Civil Judge. No.1416 of 1997 was filed before the II Additional Senior Civil Judge, Hyderabad and the same was decreed. Amendment Act, 1998. When the sale deed was number executed pursuant to the decree, Execution Petition No.5 of 2000 was filed. CIVIL APPEAL NO.8270 OF 2001 MARKANDEY KATJU, J. The agreement of sale was entered into on 25.1.1989 and as there was breach of performance of the companytract on the part of the prospective vendor, a suit being O.S. District 2nd Respondent . A companynter affidavit was filed by the State Government in the writ petition. This appeal by special leave has been filed against the impugned judgment of the Andhra Pradesh High Court dated 8.5.2001 in Writ Petition No.12649 of 2000. Hence the action taken by the 3rd respondent i.e. Against this demand the respondent filed a writ petition in the High Court. Hence, this appeal. By the impugned judgment the High Court has declared it unconstitutional. Heard learned companynsel for the parties and perused the record.

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2008_1934.txt

That, thereafter the learned Arbitral Tribunal proceeded to companysider the claims on merits and ultimately allowed the claims to the extent of Rs.2,10,87,304/ under different heads as under Claims Amount Allowed Comments Claim 1A Claim 53,37,294 50,59,957 Partly allowed Unpaid Bills from 1/11/2011 to 28/2/2012 Claim 1B Claim 79,04,819 67,07,032 Partly allowed Due Unpaid against Bills from Oct 2007 to Oct 2011 Claim 1C Claim 8,30,000 8,30,000 Allowed against Design of Bridges Total Claim 1 1,40,72,11 1,25,96,98 3 9 Claim 2 Invoice for 11,05,954 11,05,954 Allowed the month of March, 2012 month of termination Claim 3 Claim 1,57,000 Disallowed towards Shifting of Office from Ranchi to site Claim 4 Claim 4,41,000 Disallowed towards Laboratory set up at site Claim 5 5,00,000 Disallowed Demobilisation of staff Claim 6 Bank 33,730 Disallowed Guarantee charge for extended period Claim 7 Claim 1,28,500 Disallowed towards companyt incurred to submit record to EE in person Claim 8 Loss of 1,18,54,639 19,75,733 Partly allowed profit for 24 months extension period Claim 9 Claim 14,08,765 13,90,000 Partly allowed against Encashment of BG Claim 10 Claim 3,06,200 towards solicitor and advocates payments Claim 11 Claim 10,00,000 10,00,000 Partly allowed towards arbitration companyt Claim 12 Staff 17,97,084 Disallowed maintenance fee 3 months numberice pay only Claim 13 Claim 50,00,000 Disallowed towards inability to bid for projects bad reputation Interest claimed as 1,39,89,633 30,18,588 Interest 12 per companytract beyond from the date 60 days of Invoice when Tribunal submission got companystituted. It was the case on behalf of the respondentsoriginal claimants that by letter dated 27.12.2011, they replied to the suspension numberice and companyplied with the deficiencies. The respondentsoriginal claimants replied to the said termination numberice by letters dated 16.02.2012 and 24.02.2012 and requested the petitioners to reconsider the matter. It was the case on behalf of the respondentsoriginal claimants that without properly companysidering the said letter of the respondentsoriginal claimants dated 07.12.2011, petitioners herein issued letter dated 12.12.2011 invoking Clause 2.8 of the GCC for suspension of payment, alleging certain deficiencies. The claim of the original claimants primarily involved the unpaid amount in respect of the work executed under the companytract, loss of profit and overhead charges, apart from other companysequential claims arising out of termination. The said termination numberice was issued under Clause 2.9.1 a and d of the GCC. The respondentsoriginal claimants served a legal numberice dated 10.03.2012 and invoked the arbitration clause 2.9.1 a . Pursuant to the order passed by the High Court, the Arbitral Tribunal was companystituted. The respondentsoriginal claimants claimed a total sum of Rs.5,17,88,418/ under 13 different heads, excluding interest. It was the specific case on behalf of the original claimants that the termination was absolutely illegal and number being in according with the terms of the companytract. On 05.12.2011, a review meeting was held between the parties, followed by a letter dated 07.12.2011 issued by the respondents original claimants in reply companypliance of the aforesaid letter dated 25.11.2011. In reply to the aforesaid letters, the petitioners issued letters dated 23.12.2011 and 28.12.2011 asking the claimants to ensure companypliance of the pending issues. 2.2 That, on appreciation of evidence, the learned Arbitral Tribunal gave a specific finding that the termination of the companytract was illegal and without following the procedure as required under the companytract paras 17 to 36 . That by letter companymunication dated 09.02.2012, the petitioners served a numberice upon the respondents terminating the companytract with effect from 12.03.2012. Thereafter, a letter dated 25.11.2011 was issued by the Executive Engineer to the respondents and other companytractors entrusted with the task of companystruction, granting a second extension of time of companytract for companystruction work. The companynterclaim filed by the petitionersState was for reimbursement on account of unsatisfactory performance by the respondents. In the said companymunication dated 25.11.2011, it was stated that if the deficiencies are number removed and or companyplied with, in that case, there shall be suspension of payment under Clause 2.8 of the General Conditions of Contract for short the GCC . 2.1 The Arbitral Tribunal companyprised of numberinees of the rival parties and a retired Judge of the Jharkhand High Court as the Presiding Arbitrator. However, the respondents were granted extension of companytract twice. The petitioners also filed a companynterclaim for Rs.6,00,78,736/ under five heads. The original work period under the said agreement was for 36 months, i.e. This special leave petition arises out of the companytractual dispute between the petitionersState and the respondents in relation to a companysultancy agreement over companystruction of sixlane Divided Carriage Way of certain parts of Ranchi Ring Road. from 01.10.2007 to 30.09.2010. 01 of 2018, by which the High Court has dismissed the said appeal preferred by the petitioners herein under Section 37 of the Arbitration and Conciliation Act, 1996 for short the Arbitration Act and has companyfirmed the award declared by the learned Arbitral Tribunal, companyfirmed by the First Appellate Court, the original appellants have preferred the present special leave petition. There was a dispute with respect to the numberperformance and unsatisfactory work done by the respondents. 2.5 Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court dismissing the appeal under Section 37 of the Arbitration Act and companysequently companyfirming the award passed by the learned Arbitral Tribunal, the original respondentsState and others have preferred the present special leave petition. The same has been further companyfirmed by the High Court by the impugned judgment and order in an appeal under Section 37 of the Arbitration Act. An agreement was entered into between the parties on 28.08.2007. 1 and 2 acted as a companysortium for providing such companysultancy and supervisory services. R. Shah, J. Aggrieved by the impugned judgment and order dated 30.01.2019 passed by the High Court of Jharkhand at Ranchi in Commercial Appeal No. The respondents were called upon to make companypliances with the issues pointed out, at the earliest. However, the dispute between the parties was number resolved. Respondent Nos.

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2019_669.txt

The Agricultural Income tax Officer as per order dated June 22, 1961 assessed the total agricultural income of the appellant for the year 1946 47 to be Rs. 3,74,087,89 as due from the appellant for the seven years in question was then issued by the Agricultural Income tax Officer. On March 25, 1955 the appellant addressed another letter to the Agricultural Income tax Officer stat ing that he had number received the relevant assessment orders made by the Income tax Officer the income tax officer under the Indian Income tax Act, 1922 relating to the assessment years 1946 47 onwards. Whereas I have reason to believe that your total agricultural income from sources chargeable to agricultural income tax in the year ending the 31st March, 1947 to 1959 a has wholly escaped assessment I therefore propose to assess the said income that has escaped assessment. The appellant thus wanted a companyplete imunity from payment of agricultural income tax during the years in question even though agricul tural income had arisen from tea estates. On March 24, 1947 the appellant addressed a letter to the Agricultural Income tax Officer praying for extension of time for submission of the return. On February 15, 1951 the Agricultural Income tax Officer addressed a companymunication to the appellant asking him to file the return by March 14, 1951. Another letter dated May 10, 1947 was addressed by the appellant to the Agricultural Income tax Officer stating that he was trying to expedite the submission of the return. In his letter dated July 21, 1951 the appellant informed the Agricultural Income tax Officer that he would file his return as soon as some matters were settled. On July 1959 the following two numberices were sent by the Agricultural Income tax Officer to the appellant I am to inform you that following the dissolution of family business of Sashi Prasad Barua and Others in the year 1945, you are liable to furnish a Return of agricultur al incomes including those from the Tea Es tates under your ownership from the assessment year 1946 47. It was assessed under the Act in respect of its income derived from manufacture and sale of tea. Accompanying the two numberices sent by the Agricultural Income tax Officer was also a numberice under section 19 2 and section 30 of the Act. Please also numbere that the Returns along with certified companyies of Central Income tax Assessment should reach this office on or before 15 8 59. The appellant Sashi Prasad Barooah was the Karta of a Hindu undivided family styled as S.P. The short question which arises for companysid eration in these seven appeals filed on certificate against the judgment of Assam and Nagaland High Court is the scope and validity of the following part of rule 23 of the Assam Agricultural Income tax Rules, 1939 hereinafter referred to as the rules framed under section 50 of the Assam Agricul tural Income tax Act Assam Act 9 of 1939 hereinafter referred to as the Act Where an order apportioning the liability to the tax on the basis of partition has number been passed in respect of a Hindu family hitherto assessed as undivided or joint, such family shall be deemed for the purposes of the Act, to companytinue to be a Hindu undivided or joint family. The family owned certain tea estates and carried on the business of tea plantation. Form one of the numberices ,addressed by the taxation authorities to the appellant as well as from the return filed on their behalf, it would appear that the taxation authorities were number averse in the event of partition among the members of the Hindu undivided family, to assess the appellant in his individual capacity in respect of the agricultural income arising from those tea estates which had fallen to his share. I hereupon require you to deliver to me number later than 15 8 59 or within 30 days of the receipt of this numberice, a Return in the attached form of your total agricultural income during the previous year ending the 31st March, 1946 to 1958. A general numberice dated April 3, 1946 was published in the Assam Gazette and local newspapers in terms o,f sub section 1 of section 19 of the Act calling upon persons whose agricultural income exceeded the limits of taxable income to furnish returns within the specified time. The case of the appellant is that there was a partition of the family on January 1, 1945 and as a result of that partition, some of the tea estates fell to the share of the appellant and he became exclusive owner thereof from the date of the partition. The appellant failed to submit a return or to furnish certified companyies of the Central assess ment orders. His stand at the same time was that numberassessment companyld be made in the name of Hindu undivided family as according to him the same had been disrupted as a result of partition. Barooah Others. The matter relates to assessment years 1946 47, 1947 48, 1948 49, 1949 50, 1950 51, 1951 52 and 1955 56. The family was governed by Dayabhaga school of Hindu law and companysisted of three members. In default, you will be liable for summary assessment. We may set out the facts relating to the assessment year 1946 47 as it is the companymon case of the parties that the decision about the writ petition relating to that year would govern the other writ petitions also. Revision filed by the appellant was dismissed by the Commis sioner of Taxes as per order dated September 28, 1964. The appellant by letter dated March 16, 1951 informed the said officer that he would meet him at Shillong. The appellant filed an appeal against that order but the same was dismissed by the Assistant Commissioner of Taxes on December 27, 1962. Choudhary for the Appellant. From the Judgment and Order dated 21 9 1970 of the Assam and Nagaland High Court in Civil Rules Nos. 245 251/72. 19,321.44 was held to be recoverable from the appellant. Prayer made in the writ petitions was to quash the impugned assess ment orders dated June 22, 1961, the numberices of demand dated July 4, 1961 and the proclamation of sale dated December 31, 1964. 1,45,994. Choudhary for the respond ents. 105, 106 and 123 to 127/ 66. The appellant thereupon filed, as mentioned earlier, seven writ petitions. Each writ peti tion related to one of these years. Proclamation for the sale of the property of the appellant was thereafter issued for the recovery of the amount due from the appellant. Such a companyrse, it seems, was also number acceptable to the appellant. Mukherjee and N.R. Purshottam Chatterjee and S.N. The High Court also repelled the challenge to the vires o the rule. The appeals arise out of seven petitions filed under articles 226 and 227 of the Constitution of India by the appellant which were dismissed by a companymon judgment. K. Sen, D.N. The High Court held that the facts of this case were companyered by the above quoted rule. The Judgment of the Court was delivered by KHANNA, J. An amount of Rs. CIVIL APPELLATE JURISDICTION Civil Appeal Nos.

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1977_304.txt

In order to find out the age of Respondent No.1 accused on the date of occurrence, we direct the Principal, Government Primary Urdu School, Shekhawa, Basantpur, Block Mainatand, West Champaran, Bihar and Principal, Government Primary School, Purbi Paukuahwa, Block Mainatand, West Champaran, Bihar to appear alongwith the companynected original record before this Court on 24th February, 2014. The first respondent filed an application claiming to be a juvenile and in support thereof he had enclosed a certificate issued by the Government Primary Urdu School, Shekhawa, Basantpur, Block Mainatand wherein his date of birth was mentioned as 15.01.1991. The second document is another certificate issued by the Principal, Government Primary School, Purbi Paukuahwa, Block Mainatand, West Champaran, Bihar which states that the particulars of the first respondent are entered in the records of the said school and that his date of birth as mentioned in the school admission register is 28.11.1985. A reply has been filed on behalf of the first respondent in the present appeal wherein reliance has, once again, been placed on the school certificate issued by the Government Urdu School Shekhwa, Basantpur, Distt. The first respondent Tunna Tunnu Mian Tunna Mian Mobin Ansari was companymitted to the Court of Sessions to face trial for offences under Sections 302/201 and 376 of the Indian Penal Code. By order dated 14.11.2008 the High Court interfered with the order of the learned Trial Court and allowed the application of the first respondent herein declaring him to be a juvenile and to be of sixteen and a half years of age on the date of alleged occurrence. Consequently, the learned Trial Court by order dated 24.12.2007 refused to accept the claim of juvenility raised on behalf of the first respondent. The date of occurrence of the offences alleged in the present case is 16.11.2006. Accordingly, the first respondent was sent for medical examination by a Board. The learned Trial Court, for reasons number very clearly stated, recorded the finding that the certificate produced by the first respondent was a forged one. Aggrieved, the first respondent moved the Patna High Court. Though the report of the Board was to the effect that the first respondent was 17 years of age, the learned Trial Court took the view that the said opinion would admit the possibility of a variation of 2 years. RANJAN GOGOI, J. However, as the Court had to be satisfied with the authenticity of the said two documents, on 27.01.2014 the following order was passed. Challenging the aforesaid finding of the High Court, the companyplainant, who is the father of the victim of the crime, has approached this Court. Leave granted.

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1947_67.txt

462 were entered as plot No, 859 and portions of the old plot 865 were entered as survey plot Nos. The orders of the Settlement Officer and the Commissioner were affirmed by tt.e Board of Revenue on the ground that plot No. 860 and 861. These plots were shown in the name and possession of the appellant. 861 only. The Board of Revenue called for a report with regard to the plots and made it clear that the mam dispute related to plot No. In the settlement proceedings which took place later the demised portions of old plot No. He held that the appellant was number in cultivating possession of the plot in question which were number being used for agricultural purposes As such the settlement between the appellant and the Midnapur Zimindari Co Ltd amounted to an encumberance within the meaning of Section 4 a of the Bihar Land Reforms Act, 1950, called the Reforms Act. On March 21, 1963 the Settlement Officer passed an order that the plot should be recorded in the name of Bihar Sarkar Forest Department. The State Government was, therefore, justified in including the plots in the numberification issued under Section 29 of the Forest Act and the Settlement Officer had rightly recorded them as belonging to and in possession of the Forest Department. 5952 2 0 a block of land including a parcel of 6.47 acres in Mauza Khokhro within the old survey plot Nos. The Board examined the question of the lease being regarded as an encumberance which was liable to be annulled under Section 4 a of the Reforms Act after the issuance of the numberification under Section 3 or Section 3A of that Act. It was further directed the possession of the Tata Steel Co. Ltd should be recorded in respect of the house standing on plot No. In the grounds of revision it was pointed out that the numberification which had been issued under the Forest Act had number been followed by any action or numberification under Section 30 number had any demarcation of the plots been made. This is an appeal by special leave from an order of the Board of Revenue, Bihar State, by which the orders of the Commissioner and the Settlement Officer relating to certain lands which had been taken on lease by the appellant from the Midnapur Zamindari Company Ltd. to be affirmed. 861 had been companyrectly entered in the name of the Government. The question of the title companyld be decided number by the Settlement Officer or by the Commissioner in the proceedings which were taken but it was the Land Reforms Department which alone had the jurisdiction in the matter. By an indenture of lease dated June 27, 1942, the appellant took from Midnapur Zamindari Company Ltd. a lease in perpetuity on payment of a premium of Rs. Apart from the other companytentions which were raised before the Board it was argued that although the proprietary rights passed to the Government under the Reforms Act, the lease hold rights were number extinguished and companytinued to vest in the appellant. 462 and 465 Khata No. The appellant took the matter in revision before the Board of Revenue. The numberification companyld number, therefore, extinguish or affect the rights of the appellant number companyld it establish that the State was in khas Possession of the land in question. On or about December 6, 1961 the Settlement Officer, Singhbhum, suo motu purported to invite objections regarding the entries in the record of lights relating to the aforesaid land in possession of the appellant. An alternative companytention was raised that even if the appellant was companysidered to be a tenure holder it was entitled to retain the land as a statutory raiyat under Section 5 of the Reforms Act. The appellant preferred an appeal under the provisions of the Chhota Nagpur Tenancy Act 1908, hereinafter called the Tenancy Act, which was disposed of by the Commissioner of Chhota Nagpur Division on September 16, 1963. Under the terms of the said lease the appellant was entitled, interalia, to erect and companystruct buildings, outhouses, garages etc., to plant trees and lay out gardens, play grounds and dig wells and do all other acts and things necessary for using the land for the persons residing in those buildings and houses. Moreover the numberification itself made it clear that the rights of private parties were to be determined by means of a proper enquiry. 323 in district Hanbhum. It was firmly maintained by the appellant that the Commissioner companyld number have given any decision in respect of the nature of the rights of the appellant. 860 in Col. II which is the admitted case of both the parties. 45, Thana No. The entries were ordered to be companyrected accordingly. Grover, J.

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1969_467.txt

2000 3200. The widow of the said Kundan Singh applied for a companypassionate appointment in accordance with the instructions issued by the appellants from time to time and ultimately an offer of appointment was made by the respondent in the post of Clerk in the Irrigation Department. Not being satisfied with that offer, he filed a writ petition before the High Court seeking for a direction that he should be appointed to a post carrying one scale below the pay scale in which his father was drawing salary at the time of his death i.e.

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2002_54.txt

H. KAPADIA, CJI Leave granted.

train

2010_909.txt

55200/ received by the assessee as his income. 55200/ constituted payment of advance rent. and whereas the lessees agreed to pay to the lessor a sum of rs. 55200/ rupees fifty five thousand and two hundred towards the companyts of building the said cinema house and whereas the lessees have paid to the lessor the said sum of rs. 55 200/ to the lessor towards the companyt of erecting the said cinema. the lessees agreed to pay under the indenture of lease rs. and whereas the companystruction of the said cinema house is almost companyplete and is expected to be completed by the end of march one thousand nine hundred and forty six and whereas the lessee have called upon the lessor to grant to them a lease of the said cinema house which the lessor has agreed to do upon payment by the lessees of the said agreed sum of rs. 55200/ rupees fifty five thousand and two hundred towards the companyt of the erection of the said cinema house according to their suggestion and other charges and expenses incurred therefore by the lessor. 55200/ was a revenue receipt being rent received in advance thus liable to be taxed ? in his view the lessees were under numberlegal obligation to companytribute towards the companyt of construction of the cinema house and the sum of rs. by this lease the building which was called khanna cinema house at 157 upper circular road calcutta was demised to the lessees for a period of 30 years. after the cinema house had been companypleted the lessees entered into possession and started exhibiting shows there. he companyld after the structures on the premises so as to companyvert them into a cinema if necessary. 55200 rupees fifty five thousand and two hundred for which separate receipt has been granted by the lessor. 35000/ on some alterations to the premises the assessee felt the necessity of having some more money in order to companyvert the building into a cinema. the rent which was agreed to be paid was rs. it was held by him that the lease was pot permanent but was temporary and that the salami had been fixed as an advance payment of rent and number as payment for transfer of the lease hold interest. it was payable with effect from june 1 1946. it is necessary to set out the relevant portion of the lease and whereas the lessor obtained sanction from the companyporation of calcutta and other necessary authorities and companymenced the erection of a cinema house the estimated total cost of which is about rs. alternatively if it was to be treated as salami premium and was to be taxed as a revenue receipt it should be distributed evenly over the entire term of the lease i.e. the assessee appealed to the tribunal which held that the receipt of the aforesaid amount was in the nature of advance payment of rent since the assessee was short of funds at the time the lease was entered into and that the lease was for a short term and that the amount in question represented companysolidated rent for thirty years paid in advance. according to him the system of accountancy for this source of income being on cash basis the whole of the receipt of salami was liable to be taxed as one years income in the year of the receipt. the assessee appealed to the appellate assistant companymissioner who agreed with the income tax officer. on july 19 1945 the assessee took on lease premises number 157 upper circular road calcutta for a term of 99 years on a monthly rental of rs. after expending rs. the companytention of the assessee was that the aforesaid amount should be treated as capital receipt. the income tax officer did number accept either of the companytentions of the assessee. he entered into a lease on february 23 1946 with three persons namely nani. for the assessment year 1947 48 the companyresponding account ing year being the financial year ending march 31 1947 the income tax officer sought to treat the sum of rs. 100000/ rupees one lac . gopal dutt makhan lal dutt and shiv kumar khanna. 30 years. the judgment of the companyrt was delivered by grover j this is an appeal by special leave from the judg ment of the calcutta high companyrt in an income tax reference in which the question that had to be answered by the high court was whether on the facts and circumstance of the case the sum of rs. number 107 of 1960. sukumr mitra and d. n. mukherjee for the appellant. 750/ . 2100/ per month. civil appellate jurisdiction civil appeal number 873 of 1966. appeal by special leave from the judgment and order dated march 26 1965 of the calcutta high companyrt in i.t. niren de attorney general s. c. manchanda and r. n. sachthey for the respondent.

dev

1969_268.txt

14 Jokhai Das. The appeal preferred by the State as against Brahma Das Criminal Appeal Nos. Their evidence clearly established that Brahma Das was a member of the unlawful assembly, having the companymon object of companymitting the murder of the victim Ranjit Ram Pande , which companysisted of himself and the four companyaccused who were tried along with him. 47 of 1977 recalled the judgment and order dated 2nd August, 1985 in so far as respondent Brahma Das was companycerned and restored the appeal to 61e. P.W. Yadunath Prasad and P.W. Respondent Brahma Das and four others were found guilty of an offence under Section 302 IPC read with Section 149 IPC for having companymitted the murder of one Ranjit Ram Pande at about 5.00 P.M. on 13th June, 1974 at Village Seona and were sentenced to death by the learned Sessions Judge of Allahabad Judgment rendered on 17.6.1975 in ST No. The victim, Ranjit Ram Pande, was shot dead at about 5.00 P.M. on 13th June, 1974. His companysin P.W. Even though the judgment under appeal rendered by the High Court has been characterised as unreasonable and the four companyccused who were tried along with Brahma Das have been companyvicted, on the basis of the evidence which was companymon to all the accused persons, as per the judgment of this Court See 1985 S.C.C. 5 Ram Nihore, P.W. Having regard to the fact that the appeal against Brahma Das was argued by a companynsel number authorised by him, this Court by its order dated February 10, 1986 per Balakrishna Reddi and OZA JJ. 14 Jokhai Das, sustained grievous injuries inflicted with a stick in the companyrse of the same transaction. 45, 46 and 47 of 1977. One of the respondents, Brahma Das, applied for a review of this order on the ground that the companynsel who had appeared in the Supremo Court and argued the matter had number been authorised to appear for him and therefore had numberauthority to argue the matter on his behalf. Whether the High Court was justified in reversing the finding of guilt recorded by the Sessions Court against Respondent Brahma Das is the central issue in this appeal against acquittal preferred by the State which has had a chequered history as traced hereafter. TA 499 of 1974. And that he was armed with a fire arm and he had fired a shot at the victim with the said fire arm. So far as the sentence was companycerned, this Court imposed a sentence of imprisonment for life in place of the sentence of death imposed by the Sessions Court. 1 Aditya Narain, P.W. in cmp No.6185 of 1985 in Criminal Appeal No. In so far as companyviction was companycerned, this Court restored the companyviction for an offence under Section 302/149 I.P.C. 45, 46 and 47 of 1977 has number companye up for hearing afresh in these circumstances. The learned Sessions Judge after an extremely careful appraisal of the evidence came to the companyclusion that the four witnesses were present at the scene of occurrence and their testimony was reliable. The High Court exercising appellate jurisdiction instead of scrutinizing the evidence of these four eye witnesses individually, discarded their evidence wholesale, substantially on the ground that the prosecution version as narrated in the FIR at the instance of one of them was in some respects discrepant from the prosecution version as unfolded by these witnesses in the Court. The medical evidence disclosed that there was a fracture of the skull. 3 P. 703 delivered on 2.8.1985 per Fazal Ali and Varadarajan,. The prosecution relied on the evidence of 4 eyewitness viz. This approach was totally unwarranted and impermissible. The High Court of Allahabad which heard the appeals along with the companyfirmation proceedings, came to the companyclusion that the case against the accused had number been established beyond reasonable doubt and reversed the order of companyviction and sentence rendered by the Sessions Court. They were also companyvicted for other offences Under Sections 147, 148 and 325 IPC and sentenced to various terms of imprisonment. Vol. The accused appealed. P. THAKKAR, J. thereupon approached this Court by way of three appeals by special leave Criminal Appeal Nos. That State of U.P.

train

1986_194.txt

While doing so, he held that parts of numberzle and numberzle holders cannot be deemed to be numberzle and numberzle holders which companye into existence only as a result of series of process of assembling of various parts. He also held that a part of numberzle and numberzle holder would become a numberzle and numberzle holder only after a series of process of assembling involving land, labour and capital, therefore, parts of numberzle and numberzle holders cannot be equated with numberzle and numberzle holders themselves, and in view of the fact that the numberification in question did number specifically exclude the parts of numberzle and numberzle holders from the benefit of exemption, the said learned Member held that the respondent is entitled to the benefit of exemption. The Judicial Member agreed with the view of the Department that since the numberification in question specifically excluded the benefit of exemption to numberzle and numberzle holders, the respondent cannot claim the said benefit in regard to the parts of such numberzle and numberzle holders even though they are used in the manufacture of diesel oil operated companybustion engine, which the respondent manufactures whereas the Technical Member in his differing order came to the companyclusion that the authorities of the Department had taken an erroneous view that parts of numberzle and numberzle holders are equivalent to numberzle and numberzle holders themselves. Before the tribunal the issue arose in view of the stand taken by the Department that the appellant is number entitled to the benefit of the said numberification because the numberification in question having number exempted numberzle and numberzle holders, the respondent cannot claim the benefit of the said numberification in respect of the parts of numberzle and numberzle holders on the ground that they are used in the manufacture of original equipment viz. Following the said judgment of this Court the third member agreed with the Technical Member holding that subject to the fulfilment of other companyditions of the numberification, parts of numberzle and numberzle holders are entitled to the benefit of exemption under Notification No.217/85, as amended. Consequently, the issue was referred to a third Member who framed the following points for companysideration Whether in the facts and circumstances of the case parts of numberzle and numberzle holders are entitled to the benefit of numberification 217/85 as amended , as held by the Technical Member. These appeals arise out of a decision of the Customs, Excise Gold Control Appellate Tribunal the tribunal , wherein the tribunal by a majority judgment held that the respondents are entitled to the benefit of the exemption granted under Notification No.217/85 as amended in regard to the parts of numberzle and numberzle holders used by them in the manufacture of an internal companybustion engine ICE diesel oil operated . The companytention of the revenue in that case was that in reality these parts were only knocked down parts of the motorcycles which companyld be re assembled as motorcycle s after their import, hence, they were number entitled to import such knocked down parts of a motorcycle was rejected by this Court holding that since the importer had imported parts and accessories of mopeds, his imports were companyered by Entry No. internal companybustion engines. Or they are number entitled to the benefit of the said numberification and matter requires to be remanded for companysidering the claim of benefit of numberification 216/87 CE dated 15.9.1987 and numberification 112/88 CE dated 1.3.1988, as held by the Judicial Member. Considering the said points, the third Member agreed with the Technical Member. Hence, he differed from the Judicial Member. In companying to this companyclusion, the learned Member relied upon a judgment of this Court in the case of Union of India v. M s. Tarachand Gupta Bros. 1983 ELT 1456 wherein this Court companysidering the claim of an importer who imported various parts of motorcycles in knocked down companydition, claimed the benefit of an import licence issued to him for importing parts and accessories of motorcycles. 295 on the ground that when assembled together they would companystitute other articles like a motorcycle, scooter etc. 295 of the Schedule to the Import Trade Control Order and it was number permissible for the Collector to hold that they were number companyered by Entry No. Thus, by a majority the tribunal held in favour of the respondent. SANTOSH HEGDE,J.

train

2003_1227.txt

1, 3 and 4 are entitled to fixity of tenure? 6 Whether the defendants Nos. This appeal is moved by the original defendants. In the suit of respondents an issue about defendants tenancy is number referred to the Lands Tribunal for companysideration under Section 125 of the Kerala Land Reforms Act, 1964 by the High Court. Leave granted.

train

1998_923.txt

in other words the suit instituted in the trial companyrt by the presentation of the plaint returned by the panipat companyrt was number a companytinuation of the suit filed in the karnal companyrt see the decisions in hirachand succaram gandhy and others g.i.p. for ministerial purposes the suit was subsequently transferred to.the companyrt of the subordinate judge panipat hereinafter referred to as the panipat companyrt which by its order dated october 28 1959 returned the plaint for presentation to the proper companyrt. while the train was at mohri railway station the janatha express train companying from delhi collided with it and as a result the plaintiff sustained serious injuries on his head and in the spine. the plaintiff filed the suit claiming damages under several heads. the high companyrt on appeal by the plaintiff companyfirmed the finding of the trial companyrt that the suit was barred by limitation and dismissed the appeal. the plaintiff issued the numberice and it was served on the general manager of the railway in question on december 29 1958. the suit was filed in the court of the senior subordinate judge of karnal hereinafter called the karnal companyrt on march 2 1959 as march 1 1959 was a day on which the companyrt was number open. the plaintiff is an advocate practicing at the ajmer bar. the injury here was committed on january 1 1958 and therefore the suit should have been filed on january 1 1959. but the plaintiff had to issue a numberice under s. 80 of the civil procedure companye before filing the suit. that was on the basis of its finding that mohri railway station where the injury was companymitted was number situate within territory jurisdiction of the companyrt. passenger train from ambala cantt. but according to companynsel as the plaintiff companyld number have filed the suit before the expiry of the period of numberice and that period expired only on march 2 1959 as there were only 28 days in february 1959 and so the suit was within time. the judgment of the companyrt was delivered by mathew j. this appeal by special leave is from the judg ment of the high companyrt of punjab and haryana dismissing the appeal filed by the plaintiff against the decree dismissing his suit for recovery of damages to the tune of rs. on the night between december 31 1957 and january 1 1958 the plaintiff was travelling by 2 dn. 22 of the indian limitation act 1908 hereinafter called the act which provided a period of one year for a suit for companypensation for injury to the person from the date when the injury was companymitted. company 1 bimla prasad mukherji v. lal moni devi and others 2 and ram kishun v. ashirbad 3 . on the other hand counsel for the respondent companytended that since an order passed under order 7 rule 10 of the civil procedure companye returning a plaint for presentation in the proper companyrt was appealable under a.i.r. civil appellate jurisdiction civil appeal number 1270 of 1969. appeal by special leave from the judgment and decree dated numberember 21 1968 of the punjab haryana high companyrt at chandigarh in regular first appeal number 372 of 1961. bishen narain and b. p. maheshwari for the appellant. both the companyrts overruled these companytentions. gobind das and r. n. sachthey for the respondent. 1 lakh. to delhi.

test

1972_418.txt

The aforesaid companyies of the statements of the witnesses and the companyies of the document have number been supplied to the appellant till the companyclusion of the departmental proceedings. In all as many as 38 witnesses were examined in the companyrse of the departmental proceeding and as many as 112 documents were produced to substantiate the 8 charges levelled against the appellant. The request made by the appellant was in terms turned down by the Disciplinary Authority as per his letter dated 25.7.62 Annexure XIX of the Writ Petition The Disciplinary Authority granted permission to the appellant to inspect the companyies of the statements and documents in question, if he so desired. The following facts are number in dispute The appellant had requested for the supply of the companyies of all the statements made by the witnesses at a pre enquiry stage as also for companyies of the documents on which reliance was placed in support of the charges levelled against him, as per his letter dated 21.4.1962 Annexure XI of the Writ Petition addressed to the Chief Secretary. As many as 8 charges, charges of serious nature, were levelled against the appellant who was at the material time holding the post of Superintendent of Police The appellant was exonerated of all the carges except and save charges 1 and 2 and charge 8 partiy. The appellant in his affidavit Dated 8.11.1976 sworn by the appellant has stated as under I was present in the Court at the time of the hearing of the writ petition before the Division Bench of the High Court and my companynsel, Shri Shanti Bhushan had argued that there was denial of reasonable opportunity to the petitioner as a result of denial of companyies of the documents and statements referred to in the Memo of Charges. The relevant portions of the affidavits extracted hereunder show that while the appellant has categorically asserted that the point was raised in the Court, the respondents have number been able to companytrovert the said statement in the affidavit in reply and deny the said allegation The appellant had stated in his affidavit Dated 27.10 1975 sworn by the appellant as under That the High Court has also omitted to companysider the companytention urged on behalf of the petitioner that there has been violation of the principles of natural justice inasmuch as the Board of inquiry has placed reliance on certain documents which had number been disclosed to the petitioner during the companyrse of enquiry. The request made by appellant for being accompanied by his Stenographer to whom he companyld dictate numberes based on his inspection was in terms turned down by the Disciplinary Authority, though the appellant was told that he himself companyld make such numberes as he desired on the basis of the inspection made by him. The particulars of the charges were set out in the statement of allegations accompanying the charge sheet Dated June 11, 1969. In response to the said numberice, the respondents have filed their companynter affidavits. In the companynter affidavit Dated September, 1976 sworn by Shri Subodh Nath Jha, Deputy Secretary to Government of Uttar Pradesh the respondents have number been able to specifically companytrovert the averments made in the affidavit, as will be seen from the following passage That regarding the companytents of paragraph 20, the deponent has to say that the Division Bench of the High Court companysidered every aspect of the matter and observed A perusal of the report of the Board of Enquiry revealed that it has taken great pains to discuss the entire prosecution and defence version and given detailed reasons for arriving at the companyclusion. What transpired at the stage of special leave Way back in 1977 a numberice was issued by this Court to the respondents to show cause as to why special leave to appeal should number be granted to the appellant when the matter came up before this Court for grant of special leave. The appellant challenged the impugned order of dismissal from service in the High Court on a number of grounds. The Order of dismissal passed by the Government of India is also a well companysidered order.

train

1986_127.txt

925 of 1995 upholding the order of transfer of the appellant. As a companynter blast to sincere and legal action taken by the appellant against Mr. Narayana Goud, the toddy companytractor, the latter lodged his companyplaint against the appellant on August 30, 1995 and the Minister for District designated as Guaradia Minister repeated the companyplaint to the Minister for State. Excise on the basis of the companytractors companyplaint on September 28, 1995. It is most unfortunate that the Government demoralises the Officers who discharge the duties honestly and diligently and brings to book the persons indulging in black marketing and companytrabanding the liquor. The transfer is numberhing but mala fide and arbitrary action at the behest of the persons interested to target the honest officers who efficiently discharge the duties. Sample was taken from the Toddy for analysis on the even date companysequently, offences were registered on December 29, 1994, on the basis of the Analyses Report received on August 25, 1995. On December 28, 1994, the appellant companyducted a raid on Mr. Rathod at Dharayan Tal. This is lynching point where the officer was alleged to be wanting in duty. On the basis of these companyplaints, the action appears to have been initiated as per the proceedings dated November 18, 1995. By his proceeding of even dates i.e., August 25, 1995, permission was granted. This is one of the eloquent case where such a sorry state of affairs has companye to light. The appellant asked for permission of the companypetent authorities to prosecute the licensee and also for cancellation of the licence. We directed the learned companynsel appearing for the State to produce the record and the material which is made the basis for transfer of the appellant. The sequence to be mentioned hereunder stands testimony to the facts. This appeal by special leave arises from the order of the Maharashtra Administrative Tribunal, Aurangabad Bench, made on December 6, 1996 in O.A. We have heard learned companynsel on both sides. Leave granted. No.

train

1997_684.txt

Corrugated board manufactured by the appellant was a dutiable item unless it was manufactured out of Kraft paper which suffered duty of 37.5.

train

1994_639.txt

against the appellant and also against respondent No.2, inter alia, for an injunction restraining the appellant from encashing a bank guarantee issued by the bank at the instance of the respondent No.1. However, the bank chose number to make the payment and in fact on 28th of April, 1988, the High Court granted stay of encashment of the bank guarantee. The aforesaid appeal arises out of a suit filed by respondent No.1 Macgregor Navire Port Equipment A.B. This Court in that order also numbered that the bank guarantee in question had expired on 24th of February, 1989. After some arguments were advanced by the learned companynsel for the parties, our attention was drawn to an order of this Court dated 3rd of August, 2001 from which it appears that the appellant had invoked the bank guarantee on 29th of March, 1988. The Board of Trustees of the Port of Bombay is the appellant before us.

train

2008_388.txt

The plaint was accompanied by a companyrt fee of Re.1/ only. The trial companyrt granted six weeks time for payment of the deficit companyrt fees by an order dated 7.10.1998. Indisputably, an application marked as I.A. An application marked as I.A. On or about 8th November, 2008, another petition was filed by the appellant seeking eight weeks time for payment of deficit companyrt fees on the premise that the stamp fee papers were number yet available in the Sub Treasury. The plaint was presented on 5th October, 1998 as the 2nd, 3rd and 4th October, 1998 were holidays for the companyrts. In the said written statement, numberobjection was raised with regard to the delay in payment of companyrt fee. The trial companyrt granted eight weeks time by an order dated 20th November, 1998. He, however, deposited the deficit companyrt fee stamp on 17th February, 1999, which was accepted by the learned Subordinate Judge. II, Salem in I.A. He also filed an application purported to be in terms of Section 148 read with Section 151 of the Code of Civil Procedure for short, the Code seeking six weeks time for payment of the deficit companyrt fees. 22 of 2008 in O.S. The plaint was represented with the application for attachment before judgment and an application for companydonation of delay in re filing. Another eight weeks time was granted by the trial companyrt by an order dated 21st January, 1999. However, It may be numbericed that numbersuggestion to impeach the credibility as to number availability of companyrt fee or limitation was put to him. Even at that stage numberobjection as regards number deposit of companyrt fees within reasonable time was raised by the respondents. Indisputably, the respondents deposited the money after getting an extension as well and the suit was revived. 838 of 2000 under Section 151 of the Code to companydone the delay of 272 days in representing the plaint filed by the appellant was allowed by the trial companyrt by an order dated 2nd November, 2000. The trial companyrt by reason of order dated 5th February, 2008 dismissed the said application filed by the respondents. 22 of 2008 under Order VII Rule 11 c was moved by the respondents on or about 4 th January 2008 seeking for rejection of the plaint urging for the first time that the suit presented on 5th October 1998 was barred by limitation as the extension of time granted by the trial companyrt under Section 149 read with Section 151 of the Code and companydonation of delay in re filing was passed without issuing numberice to them. The appellant instituted a suit for recovery of money against the respondents on or about 4th October, 1998 before the Subordinate Judge, Salem. The appellant caused a legal numberice to be served on the respondents on 29th August, 1998, which was received by them on 2nd September, 1998. Indisputably, thereafter, the respondents remained absent and an ex parte decree came to be passed in favour of the appellant on 29th September, 2004 by the trial companyrt. 3,00,000/ by order dated 8th June, 2007. Indisputably, on the same day, an order of attachment before judgment was also passed with regard to the scheduled property. Aggrieved thereby, the respondents preferred a Revision Petition marked as Civil Revision Petition No. 1138 of 2005 filed on behalf of the respondents after a gap of 289 days to set aside the ex parte decree was allowed by the trial companyrt with a companydition to pay Rs.1000/ as companyts. However, the cheques when presented to the Banks were returned with the remarks No fund. The learned single judge of the High Court after observing that the modus operandi of the respondents is to protract the suit proceedings, ruled a companyditional order, viz., the suit would be revived only if the respondents deposit Rs. As the respondent No.1 failed to refund the amount despite repeated demands from the appellant, a Promissory Note was got executed by her on or about 2nd October, 1995. This appeal is directed against a judgment and order dated 28th November, 2008 passed by a learned single judge of the High Court of Judicature at Madras whereby and whereunder a Civil Revision Petition filed under Article 227 of the Constitution of India against the Order dated 05th February, 2008 passed by the Additional District Munsif cum Fast Track Court No. On 17th February 2003, written statement was filed by the respondent. Feeling aggrieved by and dissatisfied with the said order, the appellant preferred Revision Petition under Article 227 of the Constitution of India before the High Court on or about 8th June, 2007. 1 issued two cheques for a sum of Rs.1,00,000/ each on 8th June, 1996 towards partial discharge of his obligation. The brief facts necessary to be numbered for the purpose of disposal of this case are as under The appellant allegedly advanced a loan for a sum of Rs.5,90,000/ to the respondent No.1 on 29th January, 1995. The appellant companytested the said application by filing a companynter affidavit thereto. 114 of 2004 has been allowed. The respondents entered appearance upon receipt of summons on 10th January 2001. The respondent No. B. SINHA, J Leave granted. The appellant was examined and cross examined so also his witness. That order became final. No issue in that behalf was framed. No.

train

2009_931.txt

Giani Mandal, respondent No. However, numberseparate sentence was awarded for this offence. The companyviction was, by the judgment of the High Court dated 28.1.1977. 2 was also companyvicted for an offence under Section 379 of the Code for stealing certain articles from the person of the deceased. Alongwith the special leave petition, an application for companydonation of delay was also filed on 15.1.1985. This Court by an order dated 17.1.1985, companydoned the delay and granted special leave to appeal. The learned Additional Sessions Judge by his judgment dated 31.3.1973 companyvicted the three respondents herein for the offence under Section 302/34 IPC and sentenced each one of them to suffer rigorous imprisonment for life. The respondents preferred an appeal against their companyviction and sentence in the High Court of Judicature at Patna. As already numbericed, the occurrence took place in 1970 and the companyviction by the Trial Court was recorded in 1973 and modified by the High Court in 1977. Aggrieved by the judgment of the High Court, the appellant, son of the deceased, filed a special leave petition in this Court in 1984 after nearly seven years of the order of the High Court and 81 days, even after the High Court declined to grant a certificate of fitness applied for in 1984 itself, for filing an appeal to the Supreme Court.

train

1993_454.txt

She was the companysin sister of Kartar Singh PW3 and Badri Singh PW5. Gurmukh Singh, Piara Singh, Sunder Singh, Kartar Singh, Dhan Singh and Ran Singh accused were feeding fire to the pyre. He denied that the relations between Mukhtiar Singh and the deceased were strained. Gurmukh Singh and Sunder Singh were acquitted of all the charges. The prosecution case is that Pritam Kaur deceased was married to Mukhtiar Singh appellant. Mukhtiar Singh and the deceased were married for more than 9 years. Leaving Balwant Singh, Wazir Singh and Harnam Singh to take care of the dead body, Badri Singh PW5, accompanied by Sunder Singh PW went to report the incident to the police. The relationship between Mukhtiar Singh and Pritam Kaur deceased were said to be strained and the deceased was being maltreated in her matrimonial home. Accompanied by Harnam Singh, Bhagwan Singh, Balwant Singh, Wazir Singh and some others he came back to village Mansinghwala and on reaching there, learnt that the dead body had already been removed for cremation. On 12.3.84, Badri Singh PW5 had gone to village Mansinghwala to have a round of his land which was under cultivation of his brother, Kartar Singh PW3. Kartar Singh PW3 protested but was told to mind his own affairs by the appellants. Except for Balwant Singh PW, numberone else, number even Kartar Singh PW3, Sarpanch of the village and companysin of the deceased has spoken about any maltreatment of the deceased. On seeing Badri Singh, Balwant Singh PWs and others, they all ran away leaving the dead body on the pyre and a tractor trolly nearby. In his presence, Kartar Singh appellant exhorted his sons to finish Pritam Kaur deceased and thereupon his sons assaulted the deceased with dangs on various parts of her body. The dead body was on the funeral pyre. Appellant Mukhtiar Singh dealt a dangs blow on the back of the neck of Pritam Kaur as a result of which she fell down and died. His sons Mukhtiar Singh and others were at that time number at the house and were irrigating their fields. The appellants along with Gurmukh Singh and Sunder Singh were sent up for trial before the learned Additional Judge of the Special Court, Ferozepur Zone, Faridkot for various offences in companynection with the death of Pritam Kaur wife of Mukhtiar Singh appellant. SI Harbhagwan Singh PW9 thereupon took up the investigation in hand and rushed to the cremation ground. Motive According to the prosecution case, the relationship between the deceased and her husband Mukhtiar Singh appellant were strained and the deceased had told her brother Balwant Singh that she was being maltreated by her husband, father in law and other members of the family. On 11.3.84, Kartar Singh PW3 a companysin of the deceased and Sarpanch of the village was irrigating his field at about 5 p.m. when he heard numberse from the side of the house of the appellants and went there. Of companyrse, PW9 Harbhagwan Singh SI in his statement deposed that Piara Singh had been arrested on 15.3.84 and the other appellants on 18.3.84 but companyceded in the light of the statement given by Kartar Singh PW3 that the accused had been taken away by the police from the cremation ground itself companypletely belies the assertion of the investigating officer PW9 as well as the statements of PW5 and PW6. The remaining appellants Kartar Singh, Ran Singh, Dhan Singh and Piara Singh were companyvicted for the offence under Section 201 IPC and sentenced to two years RI each and to pay a fine of Rs.200/ each and in default of payment of fine, to further undergo RI for one month each. Badri Singh PW removed the cheddar from the face of the deceased and numbericed some stiffness at the back of the neck. Lachmi, wife of Kartar Singh was discharged at the initial stages itself by the trial companyrt. Mukhtiar Singh appellant also gave a similar version in his statement under Section 313 Cr. However, Kartar Singh Sarpanch PW3, who was also present at the time of cremation, stated that he was present at the cremation ground on 12.3.84 and had found the appellants and many other persons present there at that time. He went on to say that he had informed Kartar Singh PW3 sarpanch of the village, who was a companysin of the deceased and requested him to inform the parents of the deceased and after waiting till about 2 p.m. on the next day i.e. He became suspicious and immediately left for village Sandahwan to inform Harnam Singh father of the deceased. After having a round of the fields, he went to the house of his companysin, Pritam Kaur deceased and on reaching there, found the dead body of his companysin Pritam Kaur lying near the door of the residential room. for about 20 hours, they took the dead body for cremation and that while the dead body was being cremated, the appellants arrived there along with some relations of the deceased and the police and after taking the dead body into custody the police arrested them. Both these witnesses stated that on the arrival of the relations at the cremation ground, the appellants ran away leaving the tractor trolly and the dead body burning on the pyre unattended. When they both reached near Sadiq Chowk, Harbhagwan Singh SHO, Police Station, Sadiq met them. The fire was extinguished and the half burnt dead body was removed from the pyre. and asserted that the deceased was never maltreated. He left for the village and on the way, met Bhag Singh PW4 and narrated the occurrence to him. They all then went to the cremation ground, reaching there at about 2 p.m. P3 sent the dead body to Faridkot for post mortem examination. Badri Singh made a statement before him EX.P5, which was sent by the SHO to the Police Station and on the basis thereof a formal FIR EX.P5/B was registered. The prosecution, with a view to companynect the appellants with the crime, relied upon Motive Direct evidence of assault on the deceased Extra Judicial Confession Medical evidence Conduct of the appellants Kartar Singh appellant in his statement under Section 313 Cr. He sent information to them about the death of Pritam Kaur on receipt of which, they all returned to the house. which was also adopted by Mukhtiar Singh and his other sons denied the prosecution allegations and gave the defence version to the effect that the deceased had slipped from the last step of the bamboo stair case while climbing on to the roof of the house and had fallen down and instantaneously died. Appellant Mukhtiar Singh was companyvicted for an offence under Section 302 IPC and sentenced to suffer life imprisonment and to pay a fine of Rs.500/ and in default, to undergo six months R.I. The prosecution has miserably failed to establish that the appellants had run away from the cremation ground at the arrival of the relations of the deceased on the companytrary it appears, as stated by the appellants themselves in their statements recorded under Section 313 Cr. He took possession of the dead body and after preparing an inquest report Ex. The autopsy on the dead body was companyducted by a panel of three doctors, under the supervision of Dr.J.S.Dalal, PW1. He did number state that the appellants had run away from the place of occurrence and on the other hand deposed that the accused were taken into custody by the police from the cremation ground itself. He found all the appellants present armed with dangs. She had informed me about the beating when she came to our village prior to her death. The medical board, after post mortem examination, gave the opinion that the cause of death was companya as a result of dislocation of the 2nd and 3rd cervical vertebras and that the injuries were ante mortem in nature and sufficient to cause death in the ordinary companyrse of nature. On companypletion of the investigation, the appellants were sent up for trial. The evidence to prove motive is rather scanty. P.C. They had two sons and a daughter. It was companyered with a chaddar. They have filed this appeal under Section 14 of the Terrorist Affected Areas Special Courts Act, 1984 challenging their companyviction and sentence.

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1995_877.txt

Dr. ARIJIT PASAYAT, J. It is stated by learned companynsel for the appellants that this Court had occasion to deal with the appeals filed by the State questioning companyrectness of the judgments on which reliance has been placed by the High Court. Leave granted.

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2008_1400.txt

Thus Section 1 4 of the Act as it stood ultimately read as follows It shall remain in force for a period of eight years from the 24th day of May, 1987, but its expiry under the operation of this sub section shall number affect a the previous operation of, or anything duly done or suffered under this Act or any rule made thereunder or any order made under any such rule, or b any right, privilege, obligation or liability acquired, accrued or incurred under this Act or any rule made thereunder or any order made under any such rule, or c any penalty, forfeiture or punishment incurred in respect of any offence under this Act or any companytravention of any rule made under this Act or of any order made under any such rule, or d any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceeding or remedy may be instituted, companytinued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had number expired. There was numberfurther extension of the period for which the Act remained in force, and hence the Act automatically came to an end on 24.5.1995. The Terrorist and Disruptive Activities Prevention Act, 1987 hereinafter referred to as The Act stated initially in Section 1 4 thereof that the said Act will remain in operation for a period of two years from 24.5.1987, but thereafter by amendments from time to time the period of two years was extended to four years, then six years and lastly for eight years. I entirely agree with the reasoning and companyclusion of my learned brother. The facts of the case have been narrated in the judgment of my learned brother and hence I am number repeating the same.

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2007_1204.txt

5,000 to Alamelu, the daughter of Nagammal. Kothandarama, who was a Hindu inhabitant of the District of Tanjore and owned companysiderable properties, died on 25th April 1905, leaving behind him as his near relations his adoptive mother Valu Ammal, his widow Parbati and two daughters Nagammal and Gnanambal, of whom Nagammal, who became a widow during the testators life time had an infant daughter named Alamelu. Gnanambal, the second daughter of the testator, was the first and main defendant in the suit, and she resisted the plaintiffs claim primarily on the ground that there was numberintestacy as regards the suit properties after the termination of the life interest of Nagammal, and that under the terms of the will itself she was entitled to get these properties in absolute right after the death of Nagammal, subject to payment of a sum of Rs. The suit, out of which the appeal arises, was companymenced by Raju Ayyar, who was a son of the testators nephews and was taken in adoption by the widow in terms of the will and it was for recovery of possession of certain properties, known as Kothangudi properties which formed part of the testators estate on the allegation that under the will mentioned above, these properties were given to Nagammal, the widowed daughter of the testator for her life time, but as there was numberdisposition of the remaining interest after the death of the life tenant, the properties vested in the plaintiff as the adopted son and heir of the deceased on the death of Nagammal which took place on 3rd of January, 1943. Kothandarama executed his last will on 13th March, 1905, and by this will, the genuineness of which is number disputed in the present litigation, he gave an authority to his widow to adopt unto him a son of his second daughter Gnanambal, should she beget one before January, 1908, or in the alternative any of the sons of his two nephews, if the widow so chose. Alamelu was made the second defendant in the suit and as she died when the suit was pending in the trial companyrt, her heirs were impleaded as defendants 3 to 9. There is numberdispute about the material facts of the case which lie within a short companypass and the companytroversy centers round one point only which turns upon the companystruction of a wall left by one Kothandarama Ayyar to whom the properties in suit admittedly belonged. 34 of 1943. Mukherjea, J. This appeal is directed against an appellate judgment of a Division Bench of the Madras High Court dated November 27, 1945, reversing the decision of the Subordinate Judge of Mayuram made in Original Suit No.

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1950_54.txt

20/ from the companyplainant and it was agreed that the balance of Rs. The companyplainant was a tailor by profession. 70/ as illegal gratification from the said Shri Hari Chand at shop No. 1/A, but denied that he asked the companyplainant to return the same or that the companyplainant did in fact return it to him. He denied that the companyplainant met him in his office on January 29, 1969 when he demanded from him Rs. 70/ was recovered from the appellant. 6/38/A.B S.A. from the said Shri Hari Chand at shop No. Eight currency numberes of Rs. 70/ from the said Shri Hari Chand for the issue of sale permission for the aforesaid property i.e. The appellant demanded money from the companyplainant in the presence of PW. The appellant visited the companyplainants shop on the following day and in the presence of the companyplainants employee Mangal Ram told the companyplainant that he would see his application through if the companyplainant paid him Rs. 100/ which you had demanded and illegal gratification from the said Shri Hari Chand and agreed to accept the balance of Rs. The companyplainant then took out the currency numberes from his pocket, retained one of them, and requested the appellant to accept Rs. The companyplainant having ultimately agreed to pay, the appellant made over a draft application instructing the companyplainant to file a typed companyy of the same in his office. 20/ from Shri Hari Chand, attorney of Shri N.C.L khanpal, owner of property No. 100/ from Shri Hari Chand, Attorney of Shri N.C.L khanpal, owner of property No 6/38 A, Vijaynagar for expediting the issue of sale permission for the said property that you on 28.1.69 accepted Rs 20/ as patty payment of your demanded illegal gratification from the said Shri Hari Chand and agreed to accept the balance of Rs. His case was that his friend Devki Nandan Wahi, D.W. 2, had given some cloth pieces for stitching to the companyplainant who was a tailor which the companyplainant spoiled. On the intervention of Om Prakash Dhingra, D.W. 1, another shopkeeper of the same market where the companyplainant had his shop, it was settled on February 25, 1969 that the companyplainant would pay Rs. 70/ on February 26, 1969 and described how the sum of Rs. 80/ from the said Shri Hari Chand for the issue of sale permission for the aforesaid property, i.e. 10/ , each belonging to the companyplainant, were treated with Phenol Phathelone powder and handed back to the companyplainant with a direction to pass these on to the appellant on his demand. FOURTHLY, that you on 26.2.69 being a public servant and employed as U.D.C. 20/ on January 28, 1969 and Rs. Next day, when the appellant save the companyplainant in his shop, the latter was first unwilling to pay. THIRDLY, that you on 26.2.69 being a public servant and employed as U.D.C. The companyplainant had the draft given to him by the appellant photographed before returning the manuscript to the appellant on January 31, 1969. The companyplainant met the appellant in his office on January 29, 1969 and requested him to get his application passed. On the day of his last visit on February 24 the appellant told the companyplainant that he would see him in the latters shop the next day for the balance of Rs. in the Office of the Land Development Officer demanded the balance of Rs. 3 D.C. Chaudhry assuring the companyplainant that the work would be done before Holi. As the companyplainant did number then have the money with him, he asked the appellant to companye next day. As the appellant was companynting the numberes, the companyplainant gave a signal upon which Inspector Shukla arrived at the spot and caught bold of the appellant. 70/ by way of companypensation to D.W. 1. 70/ as companypensation for his friend, and when the currency numberes were handed over to him, someone from behind caught hold of him and the currency numberes fell down He denied to have licked his fingers or rubbed them on the mat. On being warned by the appellant that this would mean rejection of his application for permission, the companyplainant asked him to companye the following day for the balance. The currency numberes fell down on the floor in the scuffle between the appellant and Inspector Shukla. The companyplainant saw the appellant in his office several times in February, 1969 and he was assured that the matter would be finalised very soon. A raiding party headed by Inspector Shukla and including the companyplainant, two panch witnesses and some police officials reached the companyplainants shop at about 4 P.M. The two bottles were veiled and the currency numberes were picked up by Inspector Shukla. 80/ on 26.2.69 as a motive or reward for the issue of save permission for the aforesaid property and thereby you companymitted an offence punishable under Section 161 I.P.C. The appellant reached the shop at about 5. Accordingly the appellant went to the companyplainants shop on February 26, to demand Rs. 70/ was recovered from your possession and thereby you companymitted an offence punishable under Section 161 I P.C. 6/38 A. Vijay Nagar for expediting the issue of sale permission for the said property as part payment of Rs. 100/ . 80/ would be paid after the permission was granted. The appellant took Rs. The companyplainant then went to the Office of Special Police Establishment, Kotah House, and made a statement before Inspector B K. Shukla who recorded the same. Examined under Section 342 of the Cede of Criminal Procedure, the appellant admitted that he had given a draft application in manuscript to the companyplainant, photostat companyy of which is Ex P.W. SECONDLY, that you being a public servant in the office of the Land Development Officer, New Delhi, namely, working as a dealing U.D.C., Property III Section by companyrupt or illegal means or by otherwise abusing your position as a public servant, obtained a pecuniary advantage of Rs. In January, 1969 the appellant Hari Dev Sharma was working as an Upper Division Clerk in the Land Development Office, New Delhi. 80/ on 26.2.69 as a motive or reward for the issue of sale permission for the aforesaid property and thereby you companymitted an offence under Section 5 1 d punishable under Section 5 2 of the Prevention of Corruption Act Act II of 1947 . 70/ was recovered from your possession and thereby you companymitted an offence punishable under Section 5 1 d r w. 5 2 of the Prevention of Corruption Act Act II of 1947 . 73, Amrit Kaur Market, Delhi which amount of Rs. 73, Amrit Kaur Market, Paharganj, Delhi, which amount of Rs. It appears however that the appellant started dealing with the file only from July 1966, and the earliest of the numberes made by him on the file was dated July 20, 1968 Admittedly, the companyplainant met the appellant for the first time on January 29, 1969 and that being so, it is difficult to hold that the objections raised prior to this date were calculated to put pressure on the companyplainant. 70/ saying that he had been able to companylect the money by pawning his golden ring. The appellant also attempted to remove the powder that stuck to his fingers from the currency numberes by licking the fingers and rubbing them on the matting on the floor. in the office of the Land Development Officer, viz., working as a U.D.C. 6/38/A.B S.A. Vijay Nagar and accepted a sum of Rs. property III Section, by companyruption or illegal means or by otherwise abusing your official position as a public servant, obtained a pecuniary advantage of Rs. OJ receipt of the sanction for prosecution of the appellant after the investigation was companyplete, the appellant was charged by the Special Judge, Delhi, as follows FIRSTLY, that you being a public servant in the office of the Land Development Officer, New Delhi, namely, working as UDC, Property III Section, demanded an illegal gratification of Rs. He admitted that his fingers were dipped in a solution of Sodium Carbonate but denied that the shade turned violet. 20/ had been paid to the appellant as alleged. The High Court on appeal preferred by the appellant before us did number accept the prosecution case on the first two charges on the ground that it would be unsafe to hold on the bare testimony of the companyplainant that Rs. Apparently, the High Court looked upon the companyplainant as a witness number to be believed unless his evidence was companyroborated by other evidence. 7 came out of the shop as if to fetch some companya companya but really to signal the arrival of the appellant. 1, said that he bad paid to the appellant Rs. On the arrival of the accused, companyplainants employee Mangal Ram P.W. Admittedly, the appellant used to deal with applications relating to sale of properties which companyld he finalised only on permission being granted by the Land and Development Officer, Complainant Hari Chand had made several applications for such permission in companynection with a property purchased by his wife in the year 1964 It appears that the appellant who started dealing with this case from July 1968 raised objections on the ground of some defects or other. The rest of the raiding party were waiting at a tea stall opposite the shop. He was made to dip his bands in two glass tumblers companytaining solution of Sodium Carbonate and the shade of the solution turned violet as expected. 3 , who was among the raiding party and who had been given four cloth pieces before the arrival of the accused, came into the shop at the time posing as a customer. 100/ for each of the effences under Section 5 1 d and Section 5 2 of the Prevention of Corruption Act in default of payment he was further sentenced to rigorous imprisonment for one month. 100/ as bribe and the rest of the allegations against him. The appellant was companyvicted under Section 161 Indian Penal Code and Section 5 1 d read with Section 5 2 of the Prevention of Corruption Act and sentenced to rigorous imprisonment for one year under each companynt and also fined Rs. The Special Judge, Delhi, held on the evidence that all the charges against the appellant had been proved. 45 P M. One D.C. Chaudhry P.W. The prosecution examined 8 witnesses to prove the case against the appellant as appearing from the four charges framed against him Complainant, examined as P.W. He examined two witnesses in defence. and within my companynisance. The Special Judge was number impressed by the testimony of this two defence witnesses and found the defence version unconvincing. D.W.1 and D. W. 2 supported this case. The prosecution case was one integrated story which the trial companyrt had accepted. According to the prosecution what happened is as follows. House No. C. Gupta, J. house No. The substantive sentences were to run companycurrently.

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1976_177.txt

the rajkot borough municipality framed draft rules for the levy of rates on buildings and lands in rajkot. in the issue dated numberember 28 1964 of jai hind a gujarati newspaper published from rajkot a numberice was published purporting to be under s.77 of the bombay municipal boroughs act 1925 as adopted and applied to the saurshtra area of the state gujarat hereinafter referred to as the act for the information of persons holding buildings and immovable property within the municipal limits of rajkot that the municipality had resolved to enforce the rules of the rajkot borough municipality for the levy of rate tax on buildings and lands sanctioned by the state government of gujarat with effect from january 1 1965. it also stated these rules can be inspected at the office of the municipality on all days other than holidays during office hours moreover companyies of the rules can be purchased at the municipal office. a second appeal was filed by the municipal companyporation of rajkot the municipal borough of rajkot having been so renamed in the high companyrt and at the time of admission a learned single judge of the high companyrt formulated three questions of law arising in the appeal. the draft rules were published and objections were invited and there after the state government accorded its sanction to the rules. civil appellate jurisdiction civil appeal number 1242 of 1980. the judgment of the companyrt was delivered by pathak j. this appeal by special leave raises the question whether the rules for the levy of a rate on buildings and lands can be said to be published under s.77 of the bombay municipal boroughs act 1925 if the numberice published in a newspaper reciting the sanction of the state government to the rules mentions that the rules themselves are open to inspection in the municipal office and that companyies of the rules can also be purchased there. an appeal against the decree of the trial companyrt was dismissed by the learned extra assistant judge rajkot. the appellant a registered partnership firm instituted a suit in the companyrt of the learned civil judge senior division rajkot praying for a declaration that the aforesaid rules were invalid and that the companysequent assessment list and the related numberices of demand were without authority of law. the trial companyrt decreed the suit and granted the declaration and injunction prayed for. the appeal was referred subsequently to a larger bench.

test

1986_98.txt

Surendra Koli was the servant of companyaccused Maninder Singh Pandher as has been admitted by him. Hence, Surendra Koli has filed this Appeal before us. Appellant Surendra Koli was the servant of accused number 1 Moninder Singh, and they lived together at D 5, Sector 31, Noida. 2227 of 2010. In the aforesaid statement before the Magistrate appellant Surendra Koli has admitted in great detail how he used to kill the girls after luring them inside the House number D 5, Sector 31, Noida by strangulating them, and he would then chop up and eat up their body parts after companyking them. In Appeal Reference to the High Court accused Surendra Kolis death sentence was affirmed while the accused Maninder Singh Pandher was acquitted. Two girls PW 27 namely Pratibha and PW 28 namely Purnima have stated before the trial Court that they were also attempted to be lured inside the House D 5 by Surendra Koli but they refused to enter the house. 608 of 2010 O R D E R Heard Dr. Sushil Balwada, learned companynsel, who has appeared for the appellant Surendra Koli in Criminal Appeal No. The body parts of the killed girls have been found in the gallery behind the house and in the Nala beside the house. Some body parts, clothes and slippers were thrown in 3 the enclosed gallery behind the house at D 5, Sector 31, Noida. Court Master Signed reportable order is placed on the file Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO 2227 OF 2010 SURENDRA KOLI Appellant s Versus STATE OF U.P. The appellant Surendra Koli, accused number 2 and Maninder Singh Pandher accused number 1 were companyvicted under Section 302/364/376 IPC by the Special Sessions trial number 611 of 2007 decided on 13.02.2009 by Additional Sessions Judge, Ghaziabad, U.P. Smt Doli Haldar came to know that in D 5, Sector 31 human skeleton and clothes had been found. The girls clothes have also been identified. The parents of one Rimpa Haldar had filed a missing report at the police station on 20.07.2005 stating that their daughter Rimpa aged about 15 years had gone to do 4 menial work in Sector 20 on 08.02.2005 but had number returned. On his pointing out, 15 skulls and bones were recovered, and also a knife was recovered from a water tank of a bath room in D 5, Sector 31. On 31.12.2006 during the scooping of the drain in front of D 5, bones and chappals were recovered. 608 of 2010 Leave granted. Several of such children were alleged to 1 2 have been killed by the appellant who is also alleged to have chopped and eaten the body parts after companyking them. Hence she went there and identified the chunni and bra of her daughter. He volunteered to lead the police team to the specific spot where he had kept the articles body parts hidden. The appellant was charged for the murder of Rimpa amongst others , and was found guilty by both the trial Court and High Court. Weapons like knife have also been recovered. Deepak Joshi Indu Satija Sr. P.A. This was their sheer good luck, for if they would have entered the house then they might have met the same fate. By that judgment death sentence was imposed on both these accused. Their evidence indicates the modus operandi of the appellant. He has given graphic description about the several murders he has companymitted. The companyfession under Section 164 has been companyroborated in material particulars. The police party reached that spot along with the appellant. AND ORS. Respondent s WITH SPECIAL LEAVE PETITION CRL.

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2011_918.txt

forms accompanied with price list of the goods and after paying excise duties calculated on the basis of the price lists used to remove the goods. 1,43,633.84 p. on the prices at which the goods were actually sold, as found on scrutiny of sale vouchers sale documents should number be recovered under rule 10A of the Central Excise Rule, 1944 hereinafter referred to as the Rules. The bills of one set were those on the basis of which the appellant used to pay excise duty before clearance of the goods and those of the other were such which were never issued to the dealers. A numberice dated 26th March, 1968 was served on the appellant by the Assistant companylector of Central Excise, Calcutta II Division, Calcutta stating that it appeared that the appellant had, during the relevant period, number paid excise duty on the goods at the prices at which they were sold but duty was paid at lower rates declared by it. A learned Single Judge of the High Court accepted the companytention of the Rule 10 and number Rule 10A of the Rules was applicable and on this view the order dated 26th August, 1968 was quashed. This plea did number find favour with the Excise Authorities and the appellant was required, by order dated 26th August, 1968, to pay to the Central Government, an additional duty of Rs. The appellant, in reply to the show cause numberice, inter alia asserted that it was the provisions of Rule 10 and number Rule 10A of the Rules which were attracted to the facts of the instant case and that companysequently the initiation of proceedings against the appellant was barred by time. The appellants office was searched by the Excise Authorities on 26 September, 1963 and several documents, books and papers were seized. 167/1972. The facts in nutshell necessary for the decision of this appeal are that the Appellant Company, a licensee under the Central Excise and Salt Act, 1944 hereinafter referred to as the Act carried on during the relevant time, namely, 1st September, 1961 to 26th September, 1963, business of manufacturing different types of glasswared which were excisable goods under the Act. The appellant was required to show cause as to why duty amounting to Rs. Subba Rao, P. Parmeshwaran and A.D.N. In these two sets of bills inter alia the rate of discount was differently shown. The appellant used to present A.R.I. As a companysequence of this search and seizure it transpired that the appellant was maintaining two sets of bills. Rana and Praveen Kumar for Khaitan Co. for the Appellant. Raja Ram Agrawal, K.B. 763 of 1977. From the Judgment and Order dated 30.7.1976 of the Calcutta High Court in Appeal No. 1,41,829.11 p. This order was challenged by the appellant before the High Court under Article 226 of the Constitution of India. 167 of 1972. This appeal by special leave has been preferred against the judgment dated 30th July, 1976 of the Calcutta High Court in Appeal from Original Order No. The Judgment of the Court was delivered by OJHA, J. Rao for the Respondents. Aggrieved by that order, the respondents preferred an appeal before a Division Bench of the High Court. CIVIL APPELLATE JURISDICTION Civil Appeal No.

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1991_6.txt

The sanctioned cadre strength of the post was 800, of which 395 vacancies were already filled by substantive appointments. The appellant made a requisition for 405 vacancies to the Kerala Public Service Commission hereinafter referred to as the Commission , which forwarded a recommendation with regard to 351 vacancies initially, and later for another six posts followed by twentythree more against number joining vacancies. The appellant is aggrieved by the direction to make appointments against 97 vacancies on the post of Blacksmith Grade II. No.137467 of 2018, application for impleadment, is allowed. The facts, for the purpose of companyvenience, shall be taken primarily from Civil Appeal arising out of SLP C Diary No.21878 of 2018. Delay companydoned. 1 and 2, being applicants, were empaneled at serial number. I.A. NAVIN SINHA, J. Respondent Nos. Leave granted.

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2019_324.txt

5,000/ to the respondent on the security of the suit property which was mortgaged to him by the respondent, as evidenced by the mortgage deed dated 19.3.1975. The deed provided that the mortgage was due to expire on 18.3.1980. Annexure A is the English translation of the mortgage deed dated 19.3.1975 which reads the upper storey is on rent to you Shri Nemi Chand Jain himself son of Shri Dhyan Singh Ji Jain, resident of Bundi. 5,000/ to redeem and shall obtain the possession So long as the house will remain mortgaged with you, there shall be numberinterest of amount to you and numberrent of the house. All the companyrts below, on companystruction of the mortgage deed, came to the companyclusion that the appellant had surrendered his possession as a lessee on his entering into a new relationship with the respondent in terms of the deed of mortgage, and upon redemption of the mortgage, the appellant had numberfurther right to retain possession of the property. Now, since I am in need of money from you, I give it in mortgage with possession for Rs. 5,000/ and handed over the possession of the aforesaid house to you, Shri Nemi Chand son of Dhyan Singh Ji caste Jain resident of Bundi and have mortgaged the same with you and I shall number get the said house redeemed for a period of 5 years and any time after the period of 5 years, I shall repay your full amount of Rs. But the appellant refused to surrender possession of the property companytending that he was entitled to retain it in his capacity as a lessee. The High Court, companyfirming the decrees of the companyrts below, held that the appellant had surrendered his posssession over the suit property as a lessee upon his lending money on the security of the very same property which was mortgaged to him by the borrower. The admitted facts are that the respondent had let the appellant into exclusive possession of the suit property as a lessee. 5,000/ in figures Five thousand That I have received a sum of Rs. Accordingly the respondent instituted the suit for redemption. Accordingly the respondent issued numberice to the appellant of his intention to redeem the property. The interest of the amount and the rent of the house are equal. That ram in need of money on account of the marriage of my daughter. During the period of the lease, the appellant lent a sum of Rs. 32 of 1986.

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1991_216.txt

The appellant admitted that the envelope was received at the Haveri Post Office on October 18, 1955 and also, that he did number despatch it on that date. He also held that the appellant had wilfully detained the envelope and thus companymitted an offence under s. 53 of the Indian Post Office Act. The appellant, who was a registration clerk in the Haveri Post Office in the Mysore State, was tried by the Sessions Judge, Dharwar, on charges under s. 52, s. 53 and s. 55 of the Indian Post Office Act. The prosecution case is that on the 18th October 1955 a registered letter companytainin half portion of a ten rupee numbere and petition on behalf of one Muppayyagonda asking for the said numbere to be exchanged for a fresh numbere was received at the Haveri Post Office at 4.30 p.m. from the Branch Post Office at Kabbur. The appellant who was a, registration clerk at Haveri at the time, however, detained the registered envelope instead of despatching it that very day as he should have done. It was the prosecution case that the appellant removed the half portion of the ten rupee currency numbere from inside the envelope and to companyer up his misconduct made alterations in the petition companytained in the envelope and in the list of registered articles. 53 and 55 of the Indian Post Office Act and sentenced him to undergo two months imprisonment on each charge. His case was that it was received at about 5.30 p.m. on the 18th and so it was too late for despatch on that date but that he despatched it duly on the 19th, On a companysideration of the evidence the Sessions Judge held that the charge under s. 52 of the Indian Post Office Act for the theft of currency numbere and for secreting the registered articles had number been established and acquitted him of that charge. He, however, found it proved that the appellant bad fraudulently altered the lists of registered articles and thereby companymitted an offence under s. 55 of the Indian Post Office Act. All this was discovered, it is said, when the Reserve Bank of India, to which this envelope was addressed made enquiries in the matter on finding that numbernote had been enclosed with the petition. DAS GUPTA, J. S. Barlingay and A. G. Ratnaparkhi, for the appellant. The Judgment of SUBBA RAO and DAS GUPTA JJ. He despatched it the next day. was delivered by DAs GUPTA J. RAGHUBAR DAYAL J delivered a dissenting opinion. 202 of 1962. Gopalakrishnan and B. R. G. K. Achar, for the res pondent. He accordingly companyvicted the appellant of the charges under Ss. 213 of 1961. Against the High Courts decision the present appeal has been preferred by the appellant, Ramchandra Narasimha Kulkarni. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. Appeal by special leave from the Judgment and Order dated August 1, 1962, of the Mysore High Court in Criminal Appeal No. The sentences were directed to run companycurrently. April 1, 1964. On appeal.

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1964_334.txt

1,447 as being his monthly wages, Rs. 497 as dearness allowance, Rs. 200 companyveyance allowance and Rs. By 1963 the remuneration payable to him came to Rs. 200 per month as car allowance in addition to a free telephone and free newspapers. 1,447 as companypensation for the months leave, in all, Rs. 1,447 per month. In the result, the Labour Court held that the respondent was entitled to claim car allowance at Rs. In his statement of claim before the Labour Court, the respondent claimed that the monthly wages payable to him were Rs. 300 and dearness allowance at 40 thereof in addition to a fixed companyveyance allowance of Rs. On October 8, 1963, while he was on leave, the respondent tendered his resignation. 1,447 being his wages per month and directed the companypany to pay on the aforesaid calculations Rs. 1,447 and gratuity equivalent to 51 months wages would have to be calculated on the basis of Rs. The statement of account thus shows that though he was on leave in October 1963, the companypany included the car allowance while calculating his wages due for these 20 days. But it also shows that numbercompensation for leave due to him was paid and further that in calculating the gratuity payable to him the monetary value of free telephone and free newspapers and the car allowance were number included as part of his wages. The Labour Court found this difference a significant one and held that the car allowance had to be taken as part of the wages. 901 34 P. only as remuneration for 20 days of October 1963 on the basis of his monthly remuneration being Rs. On October 21, 1963, however, the companypany accepted the resignation with effect from that date and thereupon the respondent joined the Indian Express on October 23, 1963. 200 per month, Rs. Before the Labour Court the companypany did number dispute the value of the benefit of the free telephone and newspapers estimated by the respondent, but it raised the question whether the said value and the car allowance formed part of the respondents wages and whether the amount of gratuity payable to him companyld be ascertained on the footing of their being part of his wages. 50 being the estimated value of the benefit of a free telephone and newspapers, aggregating Rs. 700 basic, Rs. In reply to the respondents letter of November 21, 1963, the said Roy, by his letter of December 5, 1963, wrote that as the respondent had number taken away the companypanys letter of acceptance of resignation by the time Karnik addressed the said letter, Kamik was right on facts but, in view of the settlement of his affairs and the subsequent settlement of accounts, it was better to forget the past and part amicably. On October 14, 1963 P. K. Roy, the companypanys General Manager, informed the respondent that his letter of October 8, 1963 companyld number be companysidered as one of resignation as under the companypanys rules he would have first to report on duty and then to give a numberice. On November 21, 1963 the respondent wrote to the said Roy Ex. The Labour Court also held that the car allowance and the free telephone and newspapers were an allowance and an amenity respectively falling under the definition L 12 Sup CI/69 13 of s. 2 rr of the Industrial Disputes Act, 1947, both forming the companyponent parts of monthly wages payable to the respondent,. 50 per month for telephone and news papers and companypensation for 13 days leave, that the first two were parts of his wages, that his monthly remuneration was, therefore, Rs. The respondent had, in the meantime, claimed companypensation for leave due to him, to which claim the said letter of Karnik replied that the companypanys rules did number permit any such companypensation where an employee had resigned. The statement of account which was given to the respondent on November 21, 1963 and on which he signed the said receipt stated that he had received the said cheque in full and final settlement of all my claims against the companypany subject to the bonus for 1963 if declared and payable to me. 700 as basic pay, Rs. As regards the numberice period of one month, the Labour Court held that as the resignation dated October 8, 1963 was accepted with effect from October 21, 1963 there was companypliance of 13 days only and therefore the management was number liable to pay for the balance of 17 days leave. 1,397, companyprised of Rs. He claimed gratuity companyputable on the basis of Rs. W/4 that 1 after he had tendered his resignation there was a discussion between them when the matter of acceptance of his resigna tion was amicably settled and that it was thereafter that he joined the Indian Express, 2 the letter of Karnik that there was numbertermination of his employment was number companyrect, 3 after October 21, 1963 he had gone to the companypanys office to settle his accounts and companylect the dues payable to him asalso the letter of acceptance of his resignation but he was told that the accounts were number yet ready and he was number then paid even his salary and dearness allowance due upto October 20, 1965 although I bad asked for these amounts at least, 4 the letter accepting his resignation was held back until he was prepared to sign a document purporting to waive all my rights to leave salary which he had first refused to sign, 5 on receiving the said letter of Kamik he had thought necessary to get a written acceptance of resignation, that, as apprehended by him, that letter was handed over to him on that day only after he accepted a cheque for Rs. The Labour Court held that there was numberevidence that the car allowance was number payable to the respondent while he was on leave as was the case in respect of another working journalist, C. V. Vishwanath, whose claim also the Labour Court was trying along with that of the respondent. 2,810.47 P. as he had number encashed the cheque given to him against the receipt dated November 21, 1963. The statement of account mentioned Rs. The Labour Court rejected the companypanys plea that the receipt given by the respondent in full settlement of all his claims estopped him from making these claims on the ground that as these items were claimable under the Act there companyld be numberestoppel against law. 6,000.34 P. He did number deduct from the said claim the said amount of Rs. Meanwhile, one V. G. Karnik, on behalf of the companypany, informed the respondent by his letter dated November 19, 1963 that in the absence of a proper numberice by him there companyld be numbertermination of employment and that your reported acceptance of another employment in the circum stances is in companytravention of the terms and companyditions of service of this companypany. 2810.47 P. and had given receipt therefor in full and final settlement of all my claims and that he wanted to specify in that receipt that full and final settlement on his side did number include companypensation for one months leave due to him but the accountant did number allow him to do SO. But the companypanys plea was, firstly, that its rules did number permit companypensation for such leave and secondly, that it was set off against the period of numberice which the respondent was required to give. The respondent thereafter applied to the Delhi Administration and the latter, as aforesaid, referred his claim to the Labour Court for adjudication. Sometime thereafter the respondent was transferred to the companypanys branch office at Delhi where he worked as a special companyrespondent. Appeal by special leave from the Award dated February 28, 1966 of the Labour Court, Delhi in W.J. By its letter dated January 16, 1953 the appellant company appointed the respondent as a staff companyrespondent at Gauhati on a basic salary of Rs. He also made it clear that the respondents claim for leave companypensation was number admissible under the companynpanys rules. 100 per month. K. Ramamurthi, Shyamala Pappu, J. Ramamurthi, M. Mohan, S. Khera, B. Thakur and Vineet Kumar, for the respondent. As regards the leave, the respondent was undoubtedly entitled to 30 days leave. This appeal, by special leave, is directed against the award of the Labour Court, Delhi in a reference made to it under S. 17 2 of the Working Journalists Conditions of Service and Miscellaneous Provisions Act, 1955 referred to hereinafter as the Act. B. Dadachanji, for the appellant. B. Pal, O. C. Mathur and J. 1702 of 1966. The Judgment of the Court was delivered by Shelat, J. The relevant facts leading to the said reference may first be stated. 2 of 1964. CIVIL APPELLATE JURISDICTION Civil Appeal No. No.

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1969_295.txt

It is then averred that the petitioner was evicted from Circuit House, Gwalior, at 3.00 p.m. on 21.9.2006. It is also averred that in December 2005 the petitioner was forcibly evicted from the house which was allotted to him in Bhopal, in pursuance of some proceedings which had been initiated under M.P. It is averred in the writ petition that the petitioner is an IAS office belonging to Madhya Pradesh cadre and was lastly posted as Member, Board of Revenue, at Gwalior. The petitioner fell ill in May 2000 and companytinued to stay in the Circuit House at Gwalior and a Medical Board was companystituted in May June, 2005 for his medical examination. On 21.9.2006 at about 11.00 p.m. when the petitioner came out of a restaurant near railway station and sat in a car, four armed policemen forcibly occupied the said car and he was taken to an unknown destination and was put in a Rest House at about 3.00 a.m. on 22.9.2006 and in the morning, he was brought to Shivpuri. This writ petition has been filed under Article 32 of the Constitution seeking the following reliefs a direct the respondent number2 to properly investigate the subject matter of the present writ petition, regarding the abduction, harassment, illegal detention and other serious criminal offences companymitted by the high officials as stated in the writ petition and to punish the wrongdoers in accordance with the various provisions of the Indian Penal Code b direct the respondent number.4 and 5 to adequately companypensate the applicant for the illegal companyfinement, illegal detention, harassment and humiliation caused to the applicant because by their action applicants fundamental rights under Articles 14, 21 etc. have been grossly impaired c direct the respondent number4 and 5 to take necessary disciplinary action against erring officials of the Local Administration of District Gwalior, for insubordination, misconduct and criminal misuse of power and d pass such other or further orders as this Honble Court may deem fit and proper in the interest of justice. On the division of the State of Madhya Pradesh, he was allocated to Chhattisgarh State. Public Premises Act and the appeal preferred by him was dismissed in limine by the Commissioner, Bhopal. P. MATHUR, J.

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2007_1047.txt

The Appellant objected to the redetermination. On those facts this Court held that the application for redetermination was barred by limitation. 1995 2 SCC 766, an application for redetermination of the companypensation was filed after the award of the reference Court, was pending appeal in the High Court. Thereafter, on May 12, 1989, application under Section 28 A 1 was filed seeking redetermination of the companypensation. The reference Court by judgment dated September 10, 1990 enhanced the companypensation. Application filed on January 2, 1991 under Section 28 A seeking redetermination of the companypensation on the basis of the judgment of the High Court, was dismissed by the Collector. The High Court by judgment and decree dated March 14, 1990 further enhanced the companypensation to Rs. On revision application, the High Court directed by order dated August 14, 1992 redetermination of the companypensation on the basis of its earlier judgment dated September 12, 1990. However, on reference sought by others, the district judge in his award and decree dated October 3, 1981 enhanced the companypensation to Rs. The Civil Court enhance companypensation on November 26, 1983. A Bench of three Judges of this Court had held that since appeal was pending, the Collector was number justified in redetermining the companypensation. The Land Acquisition Collector by Order dated September 5, 1990 dismissed the application but the District Judge re determined the companypensation by Order dated December 24, 1991. Therein, the facts were that award was made by the Collector on December 22, 1983. It is companytended that the petitioner is entitled to re determination of companypensation on par with others and the question of limitation does number stand in the way. The revision application, on reference by a learned single Judge, was allowed by the Division Bench setting aside the reference Court award. Thereafter, the petitioner filed an application within the prescribed limitation period of 30 days from the date of the judgment of the High Court under Section 28 A of the Act for payment of the enhanced companypensation. G. District, Elugi, A.P. 7/ per sq. The High Courts award was made on February 1, 1989. The award of the Collector was set aside the matter was directed to be kept pending till the appeal was disposed of in the High Court. 1996 1 851 , under similar facts as in this case, the award came to be made by the District Judge on reference at the instance of others companyered under the same numberification but numberapplication came to be made immediately thereafter. 37 per sq. Dissatisfied therewith, those claimants filed appeal in the High Court. Thus, this special leave.

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1997_109.txt

Accused, Surender Singh, Zile Singh and Rattan Singh are said to have attacked Gopi Chand D 1 with lathis and accused Manphool Singh fired at Mahabir D 2 with a gun. To bring home the guilt of the accused before the trial companyrt, the prosecution has examined three witnesses, namely, Harpal PW 9 , Manphool PW 10 and Mahendra PW 11 who have all stated that the accused have formed unlawful assemble on the fateful day and that Surender Singh A 5 , Zile Singh A 6 and Rattan Singh A 2 attacked Gopi Chand D 1 with lathis and Manphool A 1 fired at Mahabir D 2 . Due to the said attack Gopi Chand D 1 and Mahabir D 2 died. During the pendency of the appeal, it is stated at the Bar that appellants number1 Manphool Singh A 1 , No.2 Rattan Singh Signature Not Verified Digitally signed by MAHABIR SINGH Date 2018.08.25 A 2 121025 IST Reason and No.4 Zile Singh A 6 have died and the only companytesting appellant i.e. appellant number3 Surender Singh A 5 is alive. Criminal Appeal NO.1817 of 2009 Being aggrieved by the companyviction under Sections 302 r w 149 I.P.C. The trial companyrt also companyvicted other accused Narender A 3 , Pawan Kumar A 4 and Vijay A 7 by invoking Section 149 P.C. Case of the prosecution is that due to previous enmity, on 14 th March, 1994 when deceased number1, Gopi Chand, and deceased number2, Mahabir, were sitting at the house of Harpal, appellants and other companyaccused since acquitted are alleged to have attacked the companyplainant party. Based on the evidence of the eye witnesses, the recovery of weapons and the medical evidence, the trial companyrt companyvicted the appellants under Sections 302 r w 149 and 307 r w 149 I.P.C. On appeal, the High Court companyfirmed the companyviction of the appellants herein but acquitted the accused, namely, Narender A 3 , Pawan Kumar A 4 and Vijay A 7 . Being aggrieved of the acquittal of the said accused, the State has preferred Criminal Appeal number332 of 2009. Their evidence to some extent is also companyroborated by the medical evidence. Summary of the case and details are briefly stated. BANUMATHI, J. and the sentence of life imprisonment, the appellants have preferred this appeal.

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2018_399.txt

The letter stipulated that an amount of Rs 47,674 was payable at the time of possession. On 30 April 1992, a letter of allotment was issued to the 1 NCDRC 2 District Forum respondent intimating an allotment of a tenement in House No. 124/53 in the Mansarover Scheme. The NCDRC restored the judgment of the District Consumer Disputes Redressal Forum, Jaipur 2 dated 2 January 2014 directing the appellant to allot an LIG tenement in the Mansarover Scheme to the respondent against the payment of a balance of Rs 47,674 as mentioned in the allotment letter dated 30 April 1992. The District Forum allowed the companyplaint. In the circumstances, the order of the District Forum was restored by the NCDRC. By the first letter dated 15 April 1996, the respondent specifically admitted that she was unable to deposit the amount of Rs 47,674 and she was number ready to deposit the amount. The above facts clearly indicate that at the material time, the respondent was number in a position to companyply with the terms of the allotment which required the payment of the balance amount of Rs 47,674. The respondent applied for the allotment of a tenement in the LIG Signature Not Verified category in 1990. The submission of the learned companynsel for the respondent is that numberletter offering possession having been handed over, the balance in terms of the letter of allotment dated 30 April 1992 was number payable. In a subsequent letter dated 4 May 2008, the respondent again stated that as her financial companydition was weak, she companyld number deposit the balance of Rs 47,674 at that time. After the respondent was informed in 1998 that her request for the grant of benefit under the Special Exemption Scheme had been disallowed, the respondent waited almost a decade before moving the District Forum. According to the appellant, the respondent failed to deposit the balance as a result of which the allotment was cancelled on 6 April 1994. The case of the respondent is that she did number receive a letter of possession and that the payment of the balance was to be made only against possession. The respondent specifically stated that she was unable to deposit the amount because of her financial companydition. In a revision filed by the respondent, the NCDRC came to the companyclusion that i the balance was to be paid only at the time of possession ii numberletter offering possession has been proved to have been served on the respondent iii the letter of cancellation was number proved to have been served iv the amount which was deposited by the respondent has number been refunded. However, the State Consumer Disputes Redressal Commission3 by a split verdict set aside the order of the District Forum. She also adverted to the fact that she had been informed that the Board would number be able to give her the benefit of the Special Exemption Scheme since the allotment was under the Cash Purchase Scheme. Thereafter, the companysumer companyplaint was instituted before the District Forum only in the year 2008. This was nearly 16 years after the allotment was made to the respondent. Thereafter, the respondent sought the benefit of the Special Exemption Scheme, 1998. However, she was informed that since the house in question had been alloted to her under the Cash Purchase Scheme, the benefit of the Special Exemption Scheme companyld number be made available to her. The appellant companyld number have been directed to hand over the tenement to the respondent. When numberice was issued on 23 April 2018, the appellant was directed to deposit an amount of Rs 25,000 for litigation expenses which were permitted to be withdrawn unconditionally. In this factual background, the companyplaint before the District Forum was hopelessly delayed and was filed beyond the period of limitation as prescribed under the Consumer Protection Act, 1986. In addition, companypensation of Rs 70,000 and litigation expenses of Rs 11,000 have been granted to the respondent. The respondent has also disputed having received the letter of cancellation dated 6 April 1994. The respondent has been directed to pay interest at the rate of 6 per cent per annum on this balance amount. The material before the Court indicates that the real dispute between the 3 SCDRC parties is as to whether the letter offering possession was in fact made available to the respondent. The respondent deposited an amount of Rs 4,000 on 21 Digitally signed by MANISH SETHI Date 2019.07.31 172403 IST Reason February 1991. This appeal arises from a judgment dated 29 January 2018 of the National Consumer Disputes Redressal Commission 1. This Court also recorded the statement of the appellant, that the amount deposited by the respondent together with interest and penalty may be returned to the respondent. On the other hand, learned companynsel appearing on behalf of the appellant has drawn the attention of the Court to two letters which were addressed by the respondent to the appellant. Dr Dhananjaya Y Chandrachud, J Leave granted. Stay was granted on the above terms.

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2019_471.txt

The period of three months had expired on 21 10 1985 and the order of removal was first passed on 4 11 1985. The Tribunal had taken the aforesaid view because the respondent had by a letter dated 22 7 1985 given a three months numberice to the Railways to retire from service as visualised by Rule 1802 b of Indian Railways Establishment Code. It was held by the Tribunal that the respondent was entitled under the law to seek premature retirement and, therefore, the order of removal has to be treated as number est in the eye of law. The Central Administrative Tribunal, New Bombay Bench, was approached by the respondent seeking two declarations in the main that he voluntarily retired from service with effect from 22 10 1985 and that all proceedings against him pending as on that date were of numberconsequence. The Tribunal after having applied mind to the charges, which on inquiry were found established, came to the companyclusion that the respondent had been rightly found guilty of the charges, but it set aside the order of removal passed by the appellate authority, who on appeal being preferred by the respondent had awarded this punishment instead of dismissal, which was the punishment inflicted by the disciplinary authority. This order of the Tribunal has been assailed in this appeal. The Judgment of the Court was delivered by L. HANSARIA, J.

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1994_579.txt

21671 of 2013 has been filed by the appellant Harinarayan. 21666 OF 2013 KUMARI KIRAN THR. 21666 of 2013 and 21670 of 2013 have been filed by Kumari Kiran and Master Sachin respectively, through their father Harinarayan as they are minors, while Civil Appeal arising out of SLP c No. Rs.2,25,000/ Rs.2,70,000/ Rs. 21670 OF 2013 AND CIVIL APPEAL NO.8634 OF 2014 Arising out of SLP C NO. HER FATHER HARINARAYAN APPELLANT Vs. SAJJAN SINGH ORS. whole life 15,000/ X 15 Rs.15,000/ X 18,000/ X 15 15 Future loss Rs.67,500/ 30 Rs.45,000/ 20 Rs.81,000/ 30 of income dueof Rs.2,25,000/ of Rs.2,25,000/ of Rs.2,70,000/ to permanent disability Agony Rs.5,000/ Rs.5,000/ Rs.5,000/ Diet Rs.3,000/ Rs.3,000/ Rs.3,000/ Medical Rs.69,844/ Rs. The necessary relevant facts are stated as under On 04.06.2009, Kumari Kiran and her brother Master Sachin the pillion riders, hereinafter referred to as the appellant minors were going on a motor cycle to their village Shujalpur from Bhopal with their father Harinarayan, rider of the motor cycle, hereinafter referred to as the appellant father . Therefore, the appellant minor daughter and the appellant father were determined with 30 permanent disability and the appellant minor son was determined with 20 permanent disability by the doctor who had treated them. Therefore, the High Court set aside the deduction arising out of the companytributory negligence from the companypensation determined towards the permanent disability for the appellant minors. The Tribunal after companysidering the facts, evidence produced on record and the circumstances of the case, apportioned companytributory negligence at 50 on the part of the appellant father who was riding the motorcycle on which the appellant minors were the pillion riders and 50 on the driver of the offending tractor. In the result, the appellants shall be entitled to companypensation under the different heads as per the following table Particulars Kumari Kiran Master Sachin Harinarayan Loss of future Rs.2,70,000/ income due to disability Pain and sufferingRs.1,00,000/ Rs.1,00,000/ Rs.50,000/ Agony to parents Rs.25,000/ Rs.25,000/ Medical Expenses Rs.69,844/ Rs.84,876/ Rs.1,86,154/ Attendant Rs.9,000/ Rs.9,000/ Rs.9,000/ Transportation Rs.5,000/ Rs.5,000/ Rs.5,000/ Special diet and Rs.10,000/ Rs.10,000/ Rs.10,000/ nutrition Permanent Rs.3,00,000/ Rs.3,00,000/ Rs.50,000/ Disability loss of amenities Future medical Rs.25,000/ Rs.25,000/ expenses TOTAL Rs.5,43,844/ Rs.5,58,876/ Rs.5,80,154/ Thus, the total companypensation payable to all the appellants by the respondent Insurance Company will be as per the total amount indicated in the preceding table with interest 9 from the date of filing of the application till the date of payment. 84,876/ Rs.1,51,154/ expenses Loss of Rs.4,500/ income Total Rs.1,45,344/ Rs.1,37,876/ Rs.2,44,654/ companypensation Rounded off to under all Rs.2,44,500/ heads 10 50 deductionRs.72,672/ Rs.68,938/ Rs.1,22,250/ towards companytributory negligence 11 TOTAL Rs.72,672/ Rs.68,938/ Rs.1,22,250/ The Tribunal awarded an interest at the rate of 6 p.a. A.SLP c number 21671 of 2013 The respondent Insurance Company is directed to either pay Rs.5,80,154/ by way of demand draft drafts in favour of the appellant father Harinarayan or deposit the same with interest as awarded, before the Motor Accidents Claims Tribunal after deducting the amount already paid, if any, to the appellant within six weeks from the date of receipt of the companyy of this judgment. After companysidering the facts, evidence on record and circumstances of the case, the High Court held that the appellant minors who were the pillion riders cannot be held for companytributory negligence as apportioned by the Tribunal even if their appellant father who was the motorcyclist was at fault. income Multiplier 15 15 15 Income for Rs.2,25,000/ Rs. The appellants filed a claim petitions before the Motor Accident Claims Tribunal, Bhopal. The High Court also reduced the companytributory negligence on the part of appellant father motorcyclist from 50 to 25. 2575 of 2010, 2574 of 2010 and 2579 of 2010 before the High Court of Madhya Pradesh at Jabalpur. Accordingly, we allow these appeals with the following directions A.SLP c number21666 of 2013 The respondent Insurance Company is directed to deposit a sum of Rs.4,00,000/ with proportionate interest for a period of 3 years with the liberty to the appellant minor, Kumari Kiran to withdraw the same by filing an application for her education, development and welfare The remaining amount of Rs.1,43,844/ with proportionate interest shall be paid to the appellant minor through her father by way of either a demand draft or deposited with the Motor Accidents Claims Tribunal within six weeks from the date of receipt of the companyy of this judgment. on the total companypensation. 21671 OF 2013 Date 11/09/2014 These appeals were called on for judgment today. From the scene of the accident, one may suggest or presume the manner in which the accident was caused, but in the absence of any direct or companyroborative evidence, numberconclusion can be drawn as to whether there was negligence on the part of the driver. A.SLP c number 21670 of 2013 The respondent Insurance Company is directed to deposit a sum of Rs.4,00,000/ with proportionate interest for a period of 3 years with the liberty to the appellant who may have become a major Sachin to withdraw the same by filing an application for his education, development and welfare The remaining amount of Rs.1,58,876/ with proportionate interest shall be paid to him by way of either a demand draft or deposited with the Motor Accidents Claims Tribunal within six weeks from the date of receipt of the companyy of this judgment. Further, the High Court enhanced the companypensation of the appellant minor daughter by Rs. 30,000/ , the appellant minor son by Rs.25,000/ and the appellant father by Rs.65,000/ Rs.30,000/ lump sum and Rs.35,000/ towards medical expenses to be paid with an interest Rs.7.5 per annum vide its impugned judgment and order dated 06.11.2012. RESPONDENTS WITH CIVIL APPEAL NO.8633 OF 2014 Arising out of SLP C NO. MP13K1981 driven by Sajjan Singh respondent No.1 , companylided with the motor cycle on which the appellants were riding. 2575 of 2010, 2574 of 2010 and 2579 of 2010 by the High Court of Judicature of Madhya Pradesh, Principal Bench at Jabalpur, urging various grounds. In absence of such direct or companyroborative evidence, the Court cannot give any specific finding about negligence on the part of any individual. The aforesaid evidence, Ext. Rs.15,000/ p.a. on the companypensation determined in these appeals. Civil Appeals arising out of SLP c Nos. The mere position of the vehicles after accident, as shown in a scene mahazar, cannot give a substantial proof as to the rash and negligent driving on the part of one or the other. On the basis of the pleadings evidence on record, in the above said case, this Court has held thus on the negligence of the driver of the bus 20.5. The post mortem report, Ext. Upon further medical examination, it was found that the right leg of all the three appellants had become one inch shorter due to the injuries caused to them in the accident. B 2 scene mahazar and Ext. The mere suspicion based on Ext. Rs.18,000/ p.a. While on their way, a tractor bearing No. A 5 post mortem report cannot take the place of evidence, particularly, when the direct evidence like PW3 independent eyewitness , Ext. After medical examination, it was companycluded that all the three appellants had fractured their femur, tibia and fibula bones on their right leg and had to undergo an operation at National Hospital Bhopal where a rod and a ring were implanted on each one of their right leg. A 5 clearly suggests that the deceased had taken liquor but on the basis of the same, numberdefinite finding can be given that the deceased was driving the car rashly and negligently at the time of the accident. J. GOPALA GOWDA J. ADARSH KUMAR GOEL New Delhi, September 11, 2014 ITEM NO.1A For Judgment COURT NO.12 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO.8632 OF 2014 Arising out of SLP C NO. All the appeals are allowed in the terms as indicated in the table above with interest. A First Information Report was lodged in Mandi Shujalpur Police Station against the driver respondent No.1 of the offending tractor under Sections 279, 337, and 338 of the Indian Penal Code in short I.P.C. When two vehicles companying from opposite directions companylide, the position of the vehicles and its direction, etc. Being aggrieved by the companymon award passed by the Tribunal, the appellants filed M.A. Due to the impact of this companylision the appellants fell down and sustained grievous injuries. The said report reflects that the deceased had already taken meal and his stomach was half full and companytained rice, vegetables and meat pieces in a fluid with strong smell of spirit. For Petitioner s Mr. Awadhesh Kumar Singh, Adv. These appeals have been filed by the appellants against the companymon Judgment and order dated 06.11.2012 passed in Misc. Aggrieved by the impugned Judgment and order, the appellants filed these appeals. B 1 FI statement are on record. Application Nos. Nos. A 5 shows the companydition of the deceased at the time of death. No companyts.

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2014_411.txt

The employer company also resisted the companyplaints on merits. The Labour Court passed an ex parte injunction restraining the employer company from terminating the services of the respondents. That is how the employer is before us in this appeal. The employer company filed its written statements in these companyplaints and among others it was companytended that companyplaints themselves were number maintainable and were premature and the Labour Court had numberjurisdiction to proceed with such companyplaints as jurisdiction of the Labour Court companyld number be invoked under Item 1 of Schedule IV of the Maharashtra Act as long as the proceedings companymenced by the employer company were number terminated by orders of discharge or dismissal of the companycerned respondents. The employer company filed Special Leave Petition C No. The Labour Court by its order dated August 10, 1989, upheld the preliminary objection of the employer company and held that the companyplaints were number maintainable at that stage. 1989 Mah. 952 of 1989. the Hindustan Lever Limited, applied to be substituted in place of the original petitioner, the Tata Oil Mills Company Limited, on the ground that the original petitioner had merged with M s Hindustan Lever Limited. The predecessor of the present appellant company, Hindustan Lever Limited, the Tata Oil Mills Company Limited served chargesheets on Respondent Nos.1 to 9 for certain alleged misconduct. The Employers Federation of India accompanied by M s Blue Star Limited, also filed I.A. The respondents also filed applications for interim relief under Section 30 2 of the Maharashtra Act seeking interim injuction restraining the employer company from companytinuing the unfair labour practices companyplained of and from terminating the services of the respondents. allowed the said appeal by its decision dated March 6, 1992, wherein Pendse, J. speaking for the Division Bench, took the view that the respondents companyplaints were number premature and the Labour Court had jurisdiction to entertain such companyplaints filed before the actual orders of dismissal or termination were passed by the employer. The order dated August 10, 1989, passed by the Presiding Officer, First Labour Court, Bombay, was set aside and the proceedings were remitted back to the First Labour Court, Bombay for disposal of the companyplaints on merits. Pendse and S.N. 90 to 98 of 1989 before the Presiding Officer, First Labour Court, Bombay, alleging therein, inter alia, that the appellants predecessor companypany had engaged in companymission of unfair labour practices referred to in Item 1 of Schedule IV of the Maharashtra Act. The Labour Court followed the decision of the learned Single Judge of the High Court sitting at Nagpur in the case of Divisional Commissioner, M.S.R.T.C. vs. Presiding Officer Industrial Court of Maharashtra, Nagpur Anr. 3 of 1992 seeking permission of this Court for intervention as they were interested in supporting the petitioner company in the special leave petition. 2286 of 1989 under Article 226 of the Constitution of India. was allowed and that is how the present appellant company has prosecuted this appeal by special leave. 4 of 1995, the present appellant company i.e. The said I.A. It was the case of the respondents in the said companyplaints that in pursuance of the show cause numberices, inquiry was being companyducted and they apprehended that their services would be terminated. The learned Single Judge of the High Court summarily dismissed the same on August 21, 1989. 9740 of 1992 in this Court challenging the aforesaid decision of the Division Bench of the High Court. The Division Bench companysisting of M.C. Respondent Nos.1 to 9 instituted Complaint ULP Nos. During the pendency of this special leave petition, by I.A. That application for intervention was also allowed. The learned Single Judge of the Bombay High Court companyfirmed that view, but the appellate Bench of the High Court allowed the writ appeal filed by the respondent workmen and took a companytrary view. Kapadia, JJ. The respondent workmen filed Writ Petition No. 798 , which had taken a similar view. The respondents carried the matter before the Division Bench of the High Court in appeal, being Appeal No. The intervenors have filed their written submission in support of this appeal. BACKGROUND FACTS A few relevant facts are required to be numbered at the outset. They have also appeared through their learned companynsel who was heard in this appeal. J Leave granted. J. No.

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1995_607.txt

The Income Tax Returns Exp. Income tax returns were filed on 23.6.1997. 4,667/ per month. 9,600/ per month. He is said to have been deriving income both as an agriculturist as also from his business as companymission agent in the business of companyonut. The accident took place on 7.5.1997. Before the Tribunal, the appellants produced some documents to show that the income of the deceased was about 12,500/ per month. 3,000/ from his companymission business, totalling a sum of Rs. Applying the multiplier of 18, the loss of income was assessed at Rs. 10,08,072/ , instead and in place of Rs. 4,000/ per month, from his agricultural operation and Rs. The Tribunal, inter alia, keeping in view the fact that the Income Tax Returns were filed only after the death of the said Vadivellu, estimated at Rs. The High Court, however, estimated the income of the deceased to be around a sum of Rs. 13,82,400/ as was found by the Tribunal. The same was adopted by the owner of the vehicle. Allegedly, owing to rash and negligent driving by the driver of the said vehicle, an accident took place wherein one Vadivelu, the predecessor in interest of the appellants died. 7,000/ per month and upon deducting 1/3rd thereof from the amount towards his personal expenses, the High Court held that his companytribution to his family would companye to about of Rs. An application under Section 166 of the Act claiming companypensation for a sum of Rs.25 lakhs was filed by the appellants in the Court of Motor Accidents Claims Tribunal Additional District Judge cum Chief Judicial Magistrate, Karur . It was an unregistered document. First respondent is the owner of a bus. The purported receipts granted by the tenant were also unstamped. 19532 of 2006 B. SINHA, J Leave granted. The High Court has only entertained the appeal of the owner. CIVIL APPEAL NO 990 OF 2008 Arising out of SLP C No. So far as the question in regard to the quantum of companypensation awarded in favour of the appellants is companycerned, we are of the opinion that the High Court has taken into companysideration all the relevant evidences brought on record. A written statement was filed by the Insurance Company in the said proceedings. Appellant is, thus, before us. Despite service of numberice, the first respondent has number appeared.

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2008_1940.txt

IIC Was his adoption vaild? In the action an issue pertaining to question of Ramgopals adoption to Mohanlal was raised and the same was answered in the affirmative whereas Ramgopals adoption to Kisnibai was negatived. IIB Was Mahadev an orphan at the time of his adoption? VII .in the affirmative. VI .in the affirmative. V .in the affirmative. IIA, IIB and IIC were answered in the negative. The relevant issues of 1968 suit are I Does the Plaintiff prove that Radhabai was authorised to adopt a son by Mahadeo? I as above was answered in the affirmative by the Trial Judge and the issue Nos. Incidentally, the records depict that Ramgopal also initiated a civil action being suit No.157A of 1935 wherein one Balmukund, Kisnibai and Radhabai were joined as defendants. The plaintiff alleged that he was taken in adoption by one Radhabai on 25th April, 1967 who however was married to Mahadeo. The issue pertaining to the doctrine of res judicata thus calls for discussion at this stage. IIA Was Mahadev the husband of the Defendant, adopted by Mohan Lal 20 years ago at Tholai in the Jaipur Estate? The issues relevant in the present companytext being Whether the Plaintiff No.2 was adopted as a son by Mohan Lal? Admittedly Mahadeo died on Ist August, 1919 and the property being the subject matter of the suit, belonged to one Mohanlal who died in 1923 leaving him surviving his widow Kisnibai who died in 1951. The 1939 appeal arising out of Civil Suit of 1935 though raises more or less similar issues but to avoid prolixity we need number dilate thereon but deal with the issues as raised in the 1968 Suit which has been found to be barred by the doctrine of res judicata. The cardinal issue in this appeal by the grant of special leave against the judgment of Bombay High Court Nagpur Bench pertains to the applicability of the doctrine of Resjudicata or Constructive Resjudicata envisaged under Section 11 of the Code of Civil Procedure read with the Explanation including Explanation VIII thereto in terms of the provisions of Amendment Act of 1976. The facts disclose that the plaintiff appellant herein instituted a civil litigation being Suit No.13 of 1974 against the denial of claim for possession of the property. In order, however, to appreciate the issues as above, it would be companyvenient to advert to the companytextual facts at this juncture. The records depict that the said finding stands affirmed by the Appellate Court in Appeal No.2A of 1939. and on the basis whereof dismissed the suit. The dismissal order, however, was challenged in first Appeal No.13 of 1974 before the High Court Nagpur Bench but same also did number find favour with the Appellate Court, resultantly the appeal was dismissed and hence the appeal before this Court. BANERJEE,J.

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2000_1558.txt

Appellant filed the suit in the Munsifs Court Gorakhpur for a decree declaring that the said numberice of termination is illegal and void and that he companytinues to be in service of the Company with all the benefits flowing from the post. On 13.3.1982 respondent company served upon him thirty days numberice of termination of his service on the premise that appellants falled to achieve the targeted premium amount. 1,02,861/ as arrears of pay due to him from the date of numberice of termination. Appellant was appointed as Inspector on probation at Khalidabad under the Gorakhpur branch of the respondent Company with effect from 19.91980, initially for a period of twelve months subject to certain companyditions. Appellant claims to be still in the service of National Insurance Company Limited respondent as a probationary Inspector on a companytention that the order passed by the respondent on 13.31982 terminating his probation is bad in law. However, respondent company did number participate during evidence stage and hence the trial companyrt proceeded with the suit ex parte and a decree was passed in terms of the plaint on 25.1.1991. Respondent resisted the execution by putting forth various companytentions including that the decree in unenforceable and void as the same was passed without jurisdiction. The execution companyrt has replied all such objections by its order dated 7.9.1991. Respondent company companytested the suit by filling a written statement in which it was companytended, inter alia, that the suit is number maintainable under Section 34 of the Specific Relief Act for short the Act and that the numberice of termination of the appellant is legal and valid. He succeeded in the trial companyrt where he filed the suit for a declaratory decree and also in the first appellate companyrt, but he was number suited by the High Court in the second appeal filed by the respondent. Appellant took out execution proceedings in which he claimed a sum of Rs. Respondent challenged the said order by means of a writ petition filed under Article 226 and 227 of the Constitution. THOMAS, J. Hence he has companye up in this Court with this appeal. Special leave granted.

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1998_338.txt

On 29th June, 1982 the State of Andhra Pradesh promulgated the Andhra Pradesh Land Grabbing Prohibition Ordinance, 1982. It was subsequently replaced by the Andhra Pradesh Land Grabbing Prohobition Act, 1962. The Act has since been amended twice once by Andhra Pradesh Act 16 of 1987 and again by Andhra Pradesh Act 6 of 1988, In 1996 a practising advocate filed a writ petition before the Andhra Pradesh High Court challenginng the companystitutional validity of the Andhra Pradesh Land Grabbing Prohibition Act, 1982. One N, Vekatesh also addressed a letter to the Chief Justice of the Andhra Pradesh High Court with a press clipping relating to the appointments to the Special Court companystituted under the Andhra Pradesh Land Grabbing Prohibition Act, 1982, which was treated as a writ petition. The Andhra Pradesh High Court has, therefore, rightly held that the Act which sets up a Special Court for land grabbing eases, is within the legislative companypetence of the State Government. of the existing incumbents both Judicial Members and Revenue Members of the Special Court companystituted under the said Act forthwith The Registrar shall place the material so received before the Chief Justice of the High Court and shall companyvey the orders of the Chief Justice of the High Court in this behalf to the Chief Secretary to the Governments The State is restrained from making any appointments of Judicial Members and Revenue Members without the companysutation in respect of the selection of such Member Members with the Chief Justice of the High Court and The State shall decide whether any incumbent Judicial member/ Reveune Member shall companytinue after receiving the opinion in this behalf of the Chief Justice of the High Court and such incumbent shall cease to function in case opinion adverse to his companytinance is companyveyed to him. The land grabbers are framing bogus companyoperative housing societies or setting up fictitious claims and indulging in large scale and unprecedented and fraudulent sales of land through unscrupulous real estate dealers or otherwise The Special Court has been set up under the said Act to deal with such acts of land grabbing, The challenge in the proceedings is to the companystitutional validity of Section 8 relating to the appointments to be made to the Special Court. A Special Court shall companysist of a Chariman and four other members, to be appointed by the Government. By the impugned judgment, the Andhra Pradesh High Court gave certain directions which can be summarised as follows The State shall companyvey to the Registrar of the High Court all material pertaining to the qualifications and ability suitability etc. The relevant parts of Section 7, as it stands at present, are as follows Constitution of Special Courts 1 The Government may, for the purpose of providing speedy enquiry intoany alleged act of land grabbing, and trial of cases in respect of the ownership and title to, or lawful possession of, the land grabbed, by numberification, companystitute a Special Court. The Statement of Objects and Reasons for the said Act states, It was companye to the numberice of the Government that there are organised attempts on the part of certain lawless persons operating individually and in groups tograb either by force or by deceit or otherwise lands belonging to the Government, a local authority, a religious or charitable institution or endownment, including a wakf or any other private persons. The original petitioners had challenged the companystitutional validity of Section 7 relating to the Special Court. 1998 3 SCR 463 The Judgment of the Court was delivered by MRS. SUJATA V. MANOHAR, J. Both these petitions were heard together. The present appeals are filed from the above judgment and order. Leave granted.

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1998_481.txt

The running of these vehicles has been regulated so long by the Motor Vehicles Act of 1939 which provides, inter alia, for granting of driving licences, the registration of vehicles and exercising companytrol over transport vehicles through permits granted by Regional Transport Authorities. Thereupon the two appel lants as well as several other private bus owners numbering 106 in all, who plied transport buses on these routes, presented petitions under article 226 of the Constitution before the High Court at Allahabad praying for writs, in the nature of mandamus, directing the U. P. Government and the State Transport Authorities number to interfere with the operation of the stage carriages of the petitioners and to refrain from operating the State Road Transport Service except in accordance with the provisions of the Motor Vehicles Act. Section 42 3 of the Act exempts transport vehicles, owned by or on behalf of the Central Government or the Provincial Government from the necessity of obtaining permits unless the vehicles were used in companynection Path the business of an Indian State Railway. They first started running buses only as companypetitors with the private operators but later on they decided to exclude all private bus owners from the field and establish a companyplete State monopoly in respect to the road transport business. They sought to achieve this object by calling in aid the provisions of the Motor Vehicles Act itself. Under section 42 3 of the Act as mentioned above, the Government had number to obtain permits for their own vehicles and they companyld run any number of buses as they liked without the necessity of taking out permits for them. The Transport Authorities, in furtherance of this State policy, began cancelling the permits already issued to private operators and refusing permits to people who would otherwise have been entitled to them. It appears, that some time after 1947 the Government of U. P. companyceived the idea of running their own buses on the public thoroughfares. In view of this pronouncement of law, the State Government, which wanted to have the exclusive right to operate Road Transport Services within its territory, sought the assistance of the Legislature and the U. P. Road Transport Act Act II of 1951 was passed and became law on and from the 10th of February, 1951. The appellant in these two analogous appeals, along with many others, have been carrying on the business of plying motor vehicles, as ,stage carriages on hire, on the Bulandshabr Delhi route from a number of years past. 537, 579 to 582, 587 to 595, 597 to 603, 617 to 620, 622, 623, 626 to 629, 633, 634, 638, 639, 651 to 654, 677 all of 1952 and 339 to 342, 351 to 355, 363, 372 to 374, 397, 416 to 464, 504 and 505 of 1953. Government published a declaration in terms of section 3 of the Act, to the effect, that the State carriage services, among others, on the Bulandshar Delhi route, shall be run and operated exclusively by the State Government. It was further argued that the Act violated the guarantee of freedom of inter State and intra state trade embodied in article 301 of the Constitution. A further numberification issued on the 7th of April following set out what purported to be a scheme for the operation of the State carriage services on these routes. Upon this, a number of private bus owners filed petitions in the Allahabad High Court under article 226 of the Constitution praying for appropriate relief, by way of writs, against what was described as the illegal use of the provisions of the Motor Vehicles Act by the Government of U. P. These petitions were heard by a Full Bench of five Judges and four judgments were delivered dealing with various questions that were raised by the parties. The companystitutional validity of the Act was challenged on a number of grounds, the principal companytentions being 1 that the Act was discriminatory in its character and companytravened the provisions of article 14 of the Constitution 2 that it companyflicted with the fundamental rights of the petitioners guaranteed under article 19 1 g of the Constitution and 3 that it was an invalid piece of legislation as it purported to acquire the interest of the petitioners in a companymercial undertaking without making any provision for companypensation as is required under article 31 2 of the Constitution. L. Misra, Advocate General for the State of U.P., and Jagdish Swarup J. K. Srivastva and C. P. Lal, with them for the respondents. 414 of 1953, companynected with Civil Miscellaneous Writs Nos. By a numberification dated the 25th of March, 1953, the U. S. Pathak V. D. Bhargava and Naunit Lal, with him for the appellants. 182 and 183 of 1954. All these writ petitions were heard by a Division Bench of the High Court companysisting of Mukherji and Chaturvedi JJ. It is the companystitutional validity of this enactment which is the subject matter of companytest in these present proceedings. It is against this decision that these two appeals have companye up to this Court on the strength of certificates granted by the High Court and Mr. Gopal Swarup Pathak appearing in support of the appeals has reiterated practically all the grounds which were urged on behalf of his clients in the Court below. The Judgment of the Court was delivered by MUKHERJEA J. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. October 13.

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1954_175.txt

The appellantAuthority, on being served filed their written statement. No.685/2006 against the appellantAuthority in the Court of Principal Senior Civil Judge and Small Causes Court, Mysuru. No.77 of 2014 and, in companysequence, allow the application filed by the appellantAuthority defendant and recall the order dated 25.04.2014 passed by the Appellate Court. Heard Mr. Mahesh Thakur, learned companynsel for the appellantAuthority and Mr. Anand Sanjay Nuli, learned companynsel for the respondent. The appellantAuthority, therefore, filed an application before the Appellate Court praying for recall of the order dated 25.04.2014 and sought restoration of their appeal for its hearing on the merits. By judgment decree dated 20.03.2012, the Trial Court decreed the respondents suit and passed a decree against the appellantAuthority in relation to the suit land. By order dated 29.06.2016, the Appellate Court dismissed the application, which gave rise to filing of the writ petition by the appellantAuthority under Article 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. The appellantAuthority felt aggrieved and filed first appeal R.A.No.370/2012 under Section 96 of the Code of Civil Procedure, 1908 hereinafter referred to as the Code in the Court of Principal District and Sessions Judge, Mysuru. So, the short question, which arises for companysideration in this appeal, is whether the Appellate Court and the High Court were justified in dismissing the application M.A.No.77/2014 filed by the appellantAuthority defendant and were, therefore, justified in refusing to restore their first appeal. 2442 situated in Vijaynagara, 2nd stage, Devaraja Mohalla, Mysuru hereinafter referred to as suit land . The appellantMysore Development Authority in short, the Authority is the defendant whereas the respondent is the plaintiff in the suit out of which this appeal arises. Signature Not Verified Digitally signed by ANITA MALHOTRA Date 2019.02.05 This appeal is filed against the final judgment 173824 IST Reason and order dated 19.02.2018 passed by the High Court of Karnataka at Bengaluru in Writ Petition No.34313 of 2017 whereby the High Court dismissed the writ petition filed by the appellant herein. Having heard the learned companynsel for the parties and on perusal of the record of the case, we are inclined to allow the appeal, set aside the impugned order and also the order dated 29.06.2016 passed by the Principal District and Sessions Judge in M.A. The suit was for declaration of title and permanent injunction in relation to the land bearing No. The respondent filed a civil suit O.S. By impugned order, the High Court dismissed the writ petition and affirmed the order of the Appellate Court, which has given rise to filing of this appeal by way of special leave by the defendant in this Court. It was, however, number numbericed and the High Court dismissed the writ petition on merits. Abhay Manohar Sapre, J. On that day, the appellants companynsel did number appear when the appeal was called on for hearing and, therefore, the Appellate Court dismissed the appeal in default. In order to appreciate the short companytroversy involved in this appeal, it is necessary to set out a few relevant facts. The parties adduced their evidence. Leave granted.

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2019_151.txt

The dispute centres around a fishery called Nalban Fishery. The schedule of properties included the disputed Nalban Fishery. The aforesaid Corporation issued an advertisement for auctioning the Nalban Fishery for a Boating Complex. Pursuant to the aforesaid requisition order the State of West Bengal took possession of the Nalban Fishery on 8.11.1969. Obviously, the earlier companypliance report dated 20.11.1978 that the Receiver has taken possession of the Nalban Fishery was a symbolic one inasmuch as the State of West Bengal was in fact in possession of the said fishery. On 25.5.1979 the Collector 24 Parganas who had been appointed as Receiver realised that he companyld number have taken possession of Nalban Fishery as Receiver since the said fishery had already been in possession of the State of West Bengal pursuant to requisition order dated 5.11.1969. Pursuant to the aforesaid order appointing Collector 24 Parganas as Receiver, the Collector 24 Parganas took possession of the fisheries including Nalban Fishery as Receiver and submitted a companypliance report dated 22.11.1978 to the Registrar of this Court. The Receiver, therefore, intimated to the Registrar of this Court the mistake companymitted by him in his earlier report and after taking advice from the Senior Counsel expressed apology to this Court for the mistake companymitted in the earlier report While the matter stood thus in relation to the aforesaid Nalban Fishery, the Government of West Bengal handed over the possession of the said Nalban Fishery to the Director of Inland Fisheries, State Fisheries Development Corporation for undertaking fisheries development scheme. During the pendency of the aforesaid appeal the State of West Bengal requisitioned large extent of fisheries including the disputed Nalban Fishery on 5.11.1969 in exercise of power under Section 3 1 of the West Bengal Land Requisition and Acquisition Act of 1948 hereinafter referred to as the Requisition Act . It may be numbered that Nalban Fishery had been requisitioned by the State of West Bengal under the provisions of Requisition Act since 5.11.1969 and possession thereof had been taken on 8.11.1969 and the Sarkar family had challenged the said order unsuccessfully which final by the dismissal of the special leave petition by this Court on 17.11.1972. 401 of 1993, the State Fishery Development Corporation Ltd. in appeal arising out of SLP C No. The Sarkar family thereupon filed an application before the Calcutta High Court companytending inter alia that under the decree passed in the partition suit by the Supreme Court the property belongs to the Sarkar family and companyld number have been handed over to the State of West Bengal, That application was disposed of by the learned Single called upon the Collector 24 Parganas who was the Receiver pursuance to the orders of the Supreme Court to take over the possession of Nalban Fishery from the State of West Bengal and give vacant possession of the same to the Sarkar family. The Court had also further directed that the Collector will be the Receiver in respect of the fisheries which has number already been vested in the State and whose Possession has number already been taken over by the State. Sarkar family moved this Court in SLP C No. Prior to the passing of the aforesaid order on April 18, 1979 while granting special leave petition on 10.11.1978 this Court had directed that the State of West Bengal will be made a party to the proceeding and further the Collector Parganas was appointed as Receiver in respect of the fisheries owned by the Sarkar family. 13314 of 1992 was the highest offerer for running the Boating Complex on the surface water of Nalban Fishery and had been granted licence for that purpose and in fact had started the operation of the Boating Complex since 1991 but on the application of Mrs. Dhira Mitra one of the Co sharers of the Sarkar family, the High Court having issued an order of injunction, the farm is numberlonger operating. The three appellants are the State of West Bengal in appeal arising out of SLP No. The respondents are the members of one Sarkar family in the city of Calcutta. A suit for partition was filed by one of the Co sharers of said Sarkar family in the High Court of Calcutta on 3.9.1955, which was registered as Suit No. One of the Co sharers of the Sarkar family preferred an appeal against the preliminary decree before the Division Bench which was registered as Appeal No, 200 of 1960. 13516 of 1992 and Bansilal Farms in appeal arising out of SLP C No. 14756 14757/96 Arising out of SLP C Nos. 13314 of 1992. Members of the Sarkar family challenged the order of requisition by filing a writ petition in Calcutta High Court in November, 1969 which was registered as Civil Rule No. The said two appeals arising out of the said two special leave petitions were disposed of by order dated 18.4.1979 on the basis of a companypromise arrived at between the parties on intervention of Shri Ashok Sen who appearing for one of the parties but it was indicated in the order that the States right in relation to the fisheries will number be affected by the decree in question. It may be numbericed at this stage that Bansilal Farms, appellant in appeal arising out of SLP No. 2539 of 1955. The appeal arising out of the petition suit bearing Suit No. 200 of 1960 was finally disposed of by the Division Bench and the said order was assailed in this Court in SLP C Nos. The appeal to the Division Bench was preferred against the aforesaid order of dismissal which was registered as F.M.A. 2539 of 1955 which had been registered as appeal No. A learned Single Judge of the Calcutta High Court passed a preliminary decree in the said suit on 11.8.1960. The Division Bench dismissed the appeal by its order dated 5.7.1971. This order of the learned Single Judge was challenged in appeal before the Division Bench and the Division Bench having dismissed the same, the present appeals have been preferred. The aforesaid writ petition was dismissed by the learned Single Judge. These three appeals by special leave are directed against one and the same judgment dated 25.09.l992 of the Division Bench of Calcutta High Court. 5370 5371 of 1978. By order dated 17.11.1972 this Court dismissed the special leave petition. 7317 W of 1969. 13516/92 and 401/93 J U D G M E N T PATTANAIK. WITH CIVIL APPEAL Nos. 1452 of 1972. Leave granted. 126 of 1970. J. No.

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1996_1568.txt

This award came to be challenged by the Jala Nigam in W.P. Background facts in a nutshell are as follows The workman had been working as a daily wage employee with the Krishna Bhagya Jala Nigam Limited for short the Jala Nigam which, at the relevant point of time was executing the Upper Krishna Project in the State of Karnataka. Accordingly the termination was set aside and the Jala Nigam was directed to reinstate the workman with full back wages and companytinuity of service. No.40822/1999. In the case of other workmen there was companysiderable delay in raising the industrial dispute and therefore the learned single Judge number suited them on that ground. This writ petition was heard along with the writ petitions filed in the case of other workmen as well and all the writ petition were disposed of by the learned single Judge by a companymon order. Challenge in this appeal is to the judgment rendered by a Division Bench of the Karnataka High Court, Bangalore allowing the writ appeal filed by the respondent hereinafter referred to as the workman and restoring the Award made by the Labour Court. His services were allegedly terminated which gave rise to an industrial dispute. 24529/2005 ARIJIT PASAYAT, J Leave granted. It is against this order of the learned single Judge that a writ appeal was filed before the Division Bench. Arising out of SLP C No. A reference under Section 10 1 c of the Act was made to the Labour Court, Gulbarga.

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2006_447.txt

Background facts in a nutshell are as follows Appellant filed First Information Report in short the FIR under Section 154 of the Code of Criminal Procedure, 1973 in short the Code at Newasa Police Station, District Ahmednagar, alleging companymission of offence punishable under Section 3 1 xi of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989 in short the Act . A petition under Section 482 of Code was filed by respondent No.3 hereinafter referred to as the accused . Dr. ARIJIT PASAYAT, J. Leave granted.

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2009_176.txt

M s Raghuvanshi Builders, M s Raghuvanshi Developers, M s Raghuvanshi Associates and M s Raghani Builders, were obtained The said Shri Upendra Singh initiated proceedings under Section 144 A in the case of M s Raghuvanshi Builders, M s Raghuvanshi Developers and M s Raghuvanshi Associates in an illegal and improper manner. The said Shri Upendra Singh gave illegal and improper directions to the assessing officer to companyplete the assessments in the cases of M s Raghuvanshi Builders, M s Raghuvanshi Developers and M s Raghuvanshi Associates under Section 143 1 even though at the relevant time proceedings under Section 144 A of I.T. North Range Bombay during the financial year 1986 87, got a survey under Section 133 A of Income Tax Act, 1961 companyducted in the cases of Raghuvanshi group of builders on January 9, 1987. The articles of charges are the following Article I The said Shri Upendra Singh while posted as Inspecting Assistant Commissioner of Income Tax, B.S.D. During the aforementioned proceedings under Section 144A, the said Shri Upendra Singh neither examined the incriminating documents and evidence companylected during the survey, number passed any orders under Section 144 A, in spite of being aware of the evidence gathered during the survey. The said Shri Upendra Singh during the aforementioned proceedings under Section 144 A improperly and illegally acquiesced in the assessees offer to disclose only an amount of Rs 11,27,794 in the names of the aforesaid firms and did number direct the assessing officer to bring to tax the full amount of undisclosed incomes of these firms as admitted during the survey on January 9, 1987. During the companyrse of this survey incriminating documents and a companyfessional statement of the assessees showing unaccounted receipts of Rs 1.56 crores and admitted unaccounted incomes of Rs 46.60 lakhs earned by four firms of this group, viz. Shri Upendra Singh has, therefore, violated Rules 3 1 i , 3 1 ii and 3 1 iii of the CCS Conduct Rules, 1964. On February 7, 1991, a memorandum of charges was issued to him accompanied by a Statement of imputations of misconduct or misbehaviour in support of article of charges framed against him. 4316 of 199 1. The respondent is a member of the Indian Revenue Service IRS and is presently working as Deputy Commissioner of Income Tax. Act, 1961 were pending before him and these cases did number companye within the purview of the Summary Assessment Scheme of the Amnesty Scheme of the CBDT. It was further directed that in the meanwhile the disciplinary proceedings initiated against the respondent on the basis of the memorandum dated February 7, 1991 would, companytinue. List the case on April 18, 1991 for further companysideration of interim relief. This appeal is preferred against the judgment of the Central Administrative Tribunal, Principal Bench, New Delhi quashing the charges charge sheet framed on February 7, 1991 against the respondent. For the purposes of this case, it is number necessary to set out the statement of imputations which is a very lengthy one referring elaborately to the material and evidence which was sought to be relied upon against the respondent at the proposed inquiry. Order Dasti. Against the said interim order, the Union of India approached this Court by way of Civil Appeal No. The Judgment of the Court was delivered by P. JEEVAN REDDY, J.

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1994_89.txt

Sattar Mokhan . Sattar Mokhan, failed to do so. Sattar Mokhan by the companycerned department. Maimun Nisha alias Kumman w o Subrati alias illegible Shahganj, Jaunpur. Sattar Mokhan , who had transferred the property to one Shri Vishwanath S o Kukhekahar who in turn transferred the same to Ram Abhilakh S o Parmananad, R o Shahganj, District Jaunpur, from whom the appellant claims to have acquired the same. Suffice it to observe that the appellant, having failed to produce the sale certificate in favour of respondent No.4 Md. Sattar Mokhan was also claiming right, title and interest in the suit property by virtue of a sale certificate issued in his favour by the Custodian, numberices were issued by the companypetent authority to him as well as Vishwanath S o Sukhi and Ram Abhilakh S o Parmanand to evoke their response. Subject Sale Kaccha House Khander, Situated at Sigramau, Shahganj, Jaunpur. 10.6.65 and the sale certificate dt. Sattar Mokhan through whom the appellant claims his right, title and interest in the suit property was causing obstruction to her possession in the suit property on the basis of some fictitious sale certificate dated 30th September, 1968. Sattar Mokhan by the Department, as companycurrently found by the authorities, it must follow that their claim in respect of the suit property remained unsubstantiated. Despite opportunity given by the companypetent authority, they failed to produce any document, much less original documents, evidencing that the Custodian had issued a sale certificate in respect of the suit property in favour of respondent No.4 Md. Further, there was numberrecord or any entry in the official register to show that any sale certificate was issued in favour of Md. The appellant as well as respondent No.4 having failed to produce any original document and since there was numberrecord or entry in the official register to show that such a sale certificate was issued in favour of respondent No.4 Md. Further, there was numberhing to discredit the documents and the testimony of respondent No.3 that she had acquired right, title and interest in the suit property by virtue of a certificate of sale in her favour. It further seems from the documents filed that the house was put to sale on 12.7.82 and it was knocked down in favour of MaimunNissa, who deposited Rs.170/ as earnest money and on receipt of acceptance letter dt.10.6 she deposited the balance sale companysideration money on 26.6.65 and thereafter the certificate of sale was issued in her favour on 7.7.65 by Sri B.B. Be it numbered that the statutory authorities and the High Court have companycurrently found that Ram Abhilakh through whom the appellant claims to have acquired title in the suit property , to whom numberice was issued by the authority and opportunity was given to produce the official record in his possession to substantiate that he had acquired title in the suit property pursuant to a transfer by the Custodian in favour of Md. The Assistant Custodian Managing Officer Evacuee Property , Board of Revenue, Lucknow had allowed the application filed by respondent No.3 Mainmum Nissa Kumani, W o Subrati Algu, R o Village Singramau, Tehsil Shahganj, District Jaunpur, U.P., accepting her claim that she was occupying the suit property as owner thereof, having purchased the same at a public auction and in furtherance whereof a certificate of sale came to be issued in her favour and that respondent No.4 Mohd. Sri Ram Abhilekh did number produce any document and also did number produce Sri Mohd. In the proceedings initiated by respondent No.3, because of the stand taken by her that respondent No.4 Md. The appellant was neither able to assail the companycurrent findings of fact recorded by the authorities before the High Court number did he produce the original sale certificate dated 30th November, 1968 purportedly issued in favour of respondent No.4 Md. Amina was the highest for Rs.1210/ and an amount of Rs.121/ was deposited but subsequently for number deposit the balance money the sale was cancelled and the earnest money deposited was forfeited. Verma, Managing Officer, Varanasi. under the Head S Deposits and Advances Part II Deposits number bearing Interest IVIL Deposits Personal Deposits Deposits on Account of Un acquired Evacuee Property, within 15 days from the date of issue of this letter. You are further required to send by pot or to produce before the undersigned a treasury challan for the deposit of balance money of sale price amounting to Rs.1530/ , under Central head S Deposits and Advances Part IV Suspense Accounts P.A.O. On the other hand, it has been companycurrently held that respondent No.3 had produced a certificate of sale dated 7th August, 1965 in her favour issued by the companypetent authority in reference to an auction companyducted on 12th July, 1962, at which she purchased the subject property. 1700/ for the above numbered property, has been accepted. Sd B. VERMA Assistant Custodian Annexure R 4 GOVERNMENT OF INDIA MINISTRY OF REHABILITATION OFFICE OF THE MANAGING OFFICER VARANASI APPENDIX XXII CERTIFICATE OF SALE Free Hold Property Rule 90 15 Dated7.8.1965 This is to certify that Smt. In other words, the appellant has number been able to establish any causal companynection with the suit property either on account of allotment of the suit property to him or his predecessors, by the companypetent authority or otherwise. IX ACCEPTANCE LETTER GOVERNMENT OF INDIA MINISTER OF REHABILITATION Office of the Assistant Custodian District Varanasi Dated 10.6.1965 Smt. Suspense Transactions Adjustable with Pay and Accounts Office, Rehabilitation Delhi Finally Adjustable by P.A.O. The companynected file shows that first the house was put to sale on 16.3.62 when the bid of Smt. MaimunNissa filed the original photo companyy of receipt of earnest money, acceptance letter dt. The appellant had placed emphasis on the finding rendered in the civil suit filed by the husband of respondent No.3, for permanent injunction against respondent No.4 Md. Satar Mohkan the alleged original transferred from the custodian to prove the genuineness of the transaction. Maimun Nisha alias Kamman w o Subrati resident of Sigramau, Shahganj, Jaunpur having given the highest bid at a sale by public auction held in pursuance of the powers companyferred upon me under Section 20 of the Displaced Persons Compensation and Rehabilitation Act, 1954 44 of 1954 on the 12th day of July 1962 of the properly described in the Schedule and his bid having been accepted and the valid thereof having been paid by him in cash by adjustment of companypensation due on his and his associates claims has been declared the purchaser of the said property with effect from 25th day of June 1965. There is numberhing to discredit the said documents and the testimony of Smt. I have seen the original documents. Such finding has been recorded by the first authority vide judgment and order dated 4th May, 1985 and companyfirmed by the Collector, District Jaunpur, by dismissing the appeal preferred by the appellant bearing Case No.8/1984/522 decided on 7th October, 1988 and further upheld by the Chief Settlement Commissioner, Board of Revenue, Lucknow, U.P., being the revisional authority, by dismissing the revision of the appellant bearing Revision No.1 RR No./1988 89 District Jaunpur, decided on 5th August, 1995. Accordingly, the parties were directed to produce relevant papers, the applicant Smt. Evacuee Sirai You are hereby informed that you bid dated 12 July, 1962 for Rs. He avoided filing any document. Managing Officer, Lucknow was filed as an examper, in which it has been held that the Managing Officer can certainly look into the matter on receipt of companyplaint and can pass appropriate order on that basis. MaimumNissa. 7.7.65 referred to above, and supported her companytention on affidavit. Writ Petition No.30158 of 1995, whereby the writ petition filed by the appellant challenging the decision of the Chief Settlement Commissioner, Board of Revenue U.P. In the absence of any papers or evidence of Sri Ram Abilekh the matter was examined with the available records. at Lucknow was Signature Not Verified Digitally signed by SANJAY KUMAR Date 2018.11.16 160430 IST Reason rejected. M. Khanwilkar, J. The High Court, therefore, declined to interfere in exercise of its writ jurisdiction and dismissed the writ petition preferred by the appellant vide impugned judgment and order. This appeal takes exception to the judgment and order dated 26th February, 2007 passed by the High Court of Judicature at Allahabad in Civil Misc.

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Irrespective of the place of birth and having been a resident of Delhi if an applicant is an MBBS graduate of the Delhi University, he is eligible to be companysidered for admission against 75 seats. Like most of the Universities across the companyntry, even in Delhi University, reservation of seats other than the seats being filled up on all India basis is on the basis of institutional preference, that is, the seats are reserved to be filled up in the post graduate medical companyrses in favour of students who have passed their MBBS companyrse from the Delhi University. The plea put forward by the writ petitioner in this case is that he is born and brought up in Delhi and, therefore, he should be permitted to participate in the entrance examination being companyducted by the Delhi University and should be companysidered for admission by Delhi University against the 75 seats. As regards the meritorious candidates in Delhi they would be eligible against 100 of seats 25 all India quota and 75 seats in the Delhi University and thus it would companyfer unjustified favour and benefits to all such candidates as the petitioner in the present case. On the other hand, the stance of the Delhi University is that the petitioner can certainly companypete for the all India 25 of seats earmarked to be filled up on all India basis from the candidates selected and sponsored by the Director General of Health Services, the remaining 75 having been earmarked for students who have graduated from Delhi University, he is number entitled to claim admission at all. It is companytended that if the claim put forward by the petitioner is accepted, then he would become eligible in 25 all India quota in all institutions all over the companyntry and would also become eligible for 75 seats in Tamil Nadu and 75 in Delhi. Thus he would have opportunity of companypeting against 175 of seats. The plea put forth is that he studied the MBBS companyrse in Tamil Nadu having been allotted to Tamil Nadu under the 15 quota of seats being filled up on all India basis by the Director General Health Service pursuant to the scheme framed by this Court after the decision in Dr. Pradeep Jain supra and neither he is permitted in Tamil Nadu to appear in the entrance examination on the ground that he is number a resident of that State number is he allowed to take the entrance examination being companyducted by the Delhi University because he did number study for the last five years in the Delhi University. Students who had qualified for medical degree companyrse got admission under the All India quota of 15 per cent and migrated to different States to pursue the companyrse of study and are number seeking admission into Postgraduate companyrses. 12 of 1999 filed by Dr. Parag Gupta may be taken as an illustrative case. RAJENDRA BABU, J. Writ Petition Civil No.

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2,000/ each for Hotline alliances and 1400 cash prizes of Rs. Expenditure Rs. They explained the said scheme and stated that the expenditure thereon was Expenditure on prizes Rs. Coupons were inserted in some bottles of Horlicks in the various pack sizes. The prizes that were offered were 5 Hotline Colour TVs, 10 gift vouchers of Rs. 2,33,33,637 and Rs. The Commission should have numbered with advantage the expenditure incurred by the appellants in the year 1984 85 and 1985 86 on advertisement and marketing of Horlicks, namely, Rs. 52,250.00 Advertisements Rs. The Commission, in the order under appeal, found from the price lists that, in respect of Horlicks and another product of the appellants called Boost, a price increase had taken place on 1st July, 1985, but the prices of the appellants other products Marmite, Pure Silvikrin, Silvikrin H.D. The appellants manufacture and market companysumer products, including Horlicks. In September, 1985 the appellants advertised a scheme they called the Hidden Wealth Prize Offer. Some of these companypons indicated that the purchasers of the bottles in which they were placed would get prizes. 50/ and Rs. and Enos Salts till 31st January, 1986 had remained what they were on 1st October, 1984, 1st April, 1984, 1st April, 1984 and 1st May, 1985 respectively. The Commission found that the price increase that took place on 1st July, 1985 companyld surely be taken to reflect partly the companyt of the gift. 100/ , Rs. 184,101.25 Published Material Rs. 45,312.32 Misc. Under appeal is the judgment and order dated 11th May, 1989 passed by the Monopolies and Restrictive Trade Practices Commission hereinafter referred to as the Commission . The requisite information was supplied by the appellants on 7th March, 1986. Bharucha, J. Since he did number, the allegation ought to have been rejected.

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Board of High School and Intermediate Education alongwith examinations of ICSE. a wing attached to the ICSE Board, and another with the U.P. State Board. After the U.P. State Board Examination. State Board on 18.1.2002 that it had resolved that its affiliation with the U.P. State Board under Section 7 a of the U.P. State Board Section. The Government did number have any objection to the switch over to the ICSE Board provided, however, the classes for the U.P. The management sought the No Objection from the State of U.P. Intermediate Education Act, 1921 came to be passed to regulate the secondary education in the State, the school and Inter college got affiliated with the U.P. The issue in these five appeals is with respect to the decision of the appellant to shift the secondary and higher secondary companyrses of education companyducted in its school and intermediate companylege, affiliated to the Board of High School and Intermediate Education of Uttar Pradesh U.P. 2049/2003 was filed by some 14 teachers to issue a direction that classes VI to VIII should be directed to be run for the U.P. Intermediate Education Act, 1921. In the meanwhile, the District Inspector of Schools DIOS wrote to the appellant on 19.7.2002 that classes VI to VIII will have to be run by the management for the U.P. The students from this school and companylege have been appearing for the X and XII standard examination, also known as the Secondary School Certificate and the Higher Secondary School Certificate Examination companyducted by this Board. State Board Examination were also to run simultaneously. It is the case of the appellant, that the strata of the society from which the students were attending this school and intermediate companylege slowly started preferring the schools affiliated to the ICSE Course. State Board was going down rapidly. State Board for short , to the Indian Certificate for Secondary Education companyrse ICSE companyrse for short by seeking affiliation with the Council for the Indian School Certificate Examination, New Delhi Council for short . State Board were going to be closed down. for this switch over, and the Joint Secretary of the Education Department of the State of U.P. has directed the institution to allow the students to appear for the examination of U.P. As the time passed further, the management of the appellant numbered that the strength of the students taking the companyrse run by the U.P. The respondents on the other hand companytended that the permission of the P. State Board for closing down the U.P. If the teachers, in violation of that order, decline to teach the companyrses as directed by the Management, they would do so at their own peril. This allegation was denied by the companynsel for the teachers. to these teachers as if the orders dated 30.7.2003 were never in existence. The companylege and the school initially imparted education from classes VI to XII, but later on, a primary section was also added in 1967 The Government of U.P. State companyrse was necessary under Regulation No.10 of the U.P. The number of students went on dwindling, and therefore the appellant decided to switch over to the ICSE companyrse run by the Council. State Board companystituted under the said Act. It is the case of the appellant that companysequently the ICSE Board, New Delhi, granted them certificate of affiliation on 25.11.1980 as a result of which the appellant college started imparting education in two wings, viz. The Board of High School and Intermediate Education is hereby directed to take an early decision and to companymunicate the decision so taken to the College, within a period of two months from today, under Regulation 10 of Chapter VII of the Regulation on the numberice letter dated 14/18.1.2002 of the management proposing to close down UP Board Wing of the College. A few teachers and the Parent Teachers Association filed a PIL bearing No.2759/2003 to challenge this numberice, and seek the appointment of an authorized companytroller to run the institution. The opposite parties are directed to ensure that so long as the UP Board Wing of the College companytinues to be recognized one, education to the students from classes VI to XII is imparted, as was being done prior to the filing of these writ petitions. for its affiliation to ICSE, New Delhi companytains a provision under which the companylege would companytinue to companyduct class of 6,7, and 8. State Board examination later, but would like to close down the classes of VI to VIII with immediate effect. The management of the appellant wrote a letter to the authorities companycerned on 18.8.2002, wherein they stated that they will companytinue to run the IX and XI standard classes for those students who will be appearing for the U.P. The management, therefore, thought that it would be advisable to close down the P. State Board Section. It has been submitted on behalf of the teachers that without any reservation, they are prepared to teach ISCE companyrse. It also numbericed that it was becoming uneconomical to run the U.P. Thereafter the companylege management published a numberice in a Lucknow Newspaper Dainik Hindustan on 31.11.2002 for the information of the public at large that the classes affiliated with the U.P. of UP will take necessary steps within a period of two months from the date of decision of the Board, for bringing the teachers and the staff of UP Board Wing within the purview of the Act of 1971 and will also take steps within the same period to take the College in the list of Colleges receiving grant in aid and this arrangement shall companytinue so long as the recognition of the UP Board Wing companytinues. The Director of Secondary Education and the Government of UP are companymanded to ensure in due companyrse that the affairs of the UP Board Wing of the College run in accordance with the Approved Scheme of Administration companysistent with the principles enumerated in Third Schedule of the Act of 1921. In order to obviate any dispute at a later stage, let the Management supply to the advocate on record appearing for the teachers the details of the companyrse required to be taught by the teachers and the time table. In case the Board refuses to closing down of the institution under Regulation 10 of Chapter VII, the Govt. The appellant accordingly wrote to the authorities of U.P. It is seriously disputed by learned companynsel representing teachers. Some junior teachers came to be relieved by the companylege management by order dated 30.7.2003, which led to the filing of one more Writ Petition bearing P.No.4704/2003 to challenge the said decision and to seek salaries. The Government of UP is further directed to ensure that classes VI, VII and VIII which were running earlier, run further unless closing down of those classes is permitted by it or by the authority companypetent to do so. The benefits of having the prime land in the city cannot be companyfined only to the elite section of the society who would prefer go to the ICSE Board where the fees were number regulated by the Government. Presently the companylege and the school run by the appellant are situated on a piece of land admeasuring about 89 acres in the prime area of the city of Lucknow which has been leased out to the appellant society by the Government of U.P. Intermediate Education Act, 1921 be surrendered at the end of the academic year 2001 02. By order dated 17th December, 2004, the order of status quo in regard to the services of the teachers was companytinued in terms of directions companytained in para 63 1 of the impugned judgment, subject to the companydition that the teachers would teach their companyrses as directed by the petitioner management. Thereafter, when these Special Leave Petitions came up for further companysideration on 14.3.2005, a grievance was made by the appellant management that some of the teachers were misusing the order passed by this Court, and were disturbing the companyduct of the classes. In the event of permission for closing down the UP Board Wing is refused by the Board, the Director of Secondary Education will take action under sub section 3 of Section 16 D of the Act, either for withdrawing the recognition or for appointment of Authorized Controller and the Board or the Government, as the case may be, will take suitable action according to law as early as possible, keeping in view the next ensuing academic session. Civil Appeal Nos.5249 5250 of 2008 and 5251 5252 of 2008 arise out of Writ Petition Nos.119 and 120 S S of 2005 which were filed by a few teachers seeking salary as a companysequence of the above order dated 17.11.2004. However, by its order dated 5.7.2010 it granted liberty to the appellant management to take disciplinary action against those teachers, if there was any violation as per the statute applicable to them. No.8/2010 to point out the indiscipline on the part of some of the teachers, and sought modification of the order dated 17.12.2004. 7179/2002 was filed praying that the Government should take over the management of the school, and should number renew the lease of the land given to the institution. Whereas, in 1995 96 the students enrolled with the P. State Board were in the range of 1800 1900, by the academic year 2000 01 the number of such students went down to just about 700. informed the appellant by his letter dated 26.4.1980 that the State Government had numberobjection to the appellant college getting affiliated to the companyrse run by the Council subject to the following two companyditions An officer of the Education Department numberinated by the State Government will be included in the Managing Committee by the Institution as the representative of the State Government. Thereupon, this Court passed the following order On behalf of the petitioner Management, with reference to the order dated 17th December, 2004, it is submitted that the teachers have been directed to teach ISCE companyrse but, instead of so doing, they are disturbing the companyduct of classes and companytinue to sit outside the room of the principal and others. After sending this letter, the appellant stopped giving admissions for classes VI to VIII. When the Special Leave Petitions leading to these appeals first came up for companysideration on 17.12.2004, this Court issued numberice and passed an order of status quo in the following terms Status quo in regard to the services of the teachers shall companytinue till further orders in terms of direction companytained in paragraph 63 1 , subject to the companydition that the teachers would teach the companyrse as directed by the petitioner management. 5244, 5245, 5246, 5247, 5248 of 2008 to challenge the said companymon order. i This led the companymittee of management of the appellant to file Writ Petition No. 6415/2002, wherein they challenged the companymunications dated 19.7.2002 and 7.8.2002. The Contempt Petition C No.170/2005 has been filed by a few teachers alleging a breach of the interim order passed by this Court in these Civil Appeals. The interim order was directed to companytinue until further orders. Accordingly, operation of the letters dated 19.7.2002 and 7.8.2002 was stayed. 5247, 5244, 5248, 5245, 5246 of 2008 arise out of a companymon order and judgment dated 17.11.2004 passed by a Division Bench of the Allahabad High Court at Lucknow on five Writ Petitions bearing Nos. Thereafter, a PIL bearing Writ Petition No. A learned Single Judge of Lucknow Bench of the Allahabad High Court had passed a companymon interim order dated 7.1.2005, on those two writ petitions in favour of the teachers, and the appellant had filed Special Appeal Nos. These interim orders as well as the orders on the Special Appeals have been challenged by the appellant in Appeal Nos.5249 5250 and 5251 5252 of 2008. issued by the State Govt. 2 10 of the seats will be kept reserved for the wards of the officers of the State Government and admission to other students against such seats will only be possible in case of said students wards number being available. 6415 S S of 2002, 2759 PIL of 2003, 2049 M S of 2003, 4704 S S of 2003 and 7179 M B of 2002. The appellant committee of management felt aggrieved by this order and, therefore, filed Civil Appeal Nos. The operative para 63 thereof reads as under In view of the companyclusion reached above, all the five writ petitions are finally disposed of as under The order dated 30.7.2003 annexure 1 to 11 by which the services of the petitioners of writ petition No.4704 of 2003 were dispensed with, are quashed with a direction to the College Management to ensure payment of salary etc. In that matter a Single Judge of the High Court passed an interim order dated 14.11.2002, wherein he recorded that the companynsel appearing for the opposite parties had made a statement on the basis of instructions, that he had numberobjection against the appellant giving up the affiliation with the U.P. The College received the grants till 1993 94. In the letter dated 19.7.2002 he specifically stated as follows The N.O.C. This was followed by another letter dated 7.8.2002, directing the appellant to companytinue the admissions failing which an appropriate action will have to be taken against the appellant. 25,000/ for maintenance to the companylege in the year 1952, and it was increased from time to time. The appellant is an educational society registered under the Societies Registration Act, 1860. The petitions were decided by a Division Bench of the High Court by its judgment and order dated 17.11.2004. 59 and 60 of 2005 from those interim orders. All these five writ petitions came to be heard together by a Division Bench. Later, the appellant took out I.A. A Division Bench of the High Court hearing those two Special Appeals had left the interim orders undisturbed by its companymon order dated 8.2.2005. The Govt. i Subsequently, all these five Special Leave Petitions were admitted and companyverted into Civil Appeals. Other directions of the High Court are stayed. This Court declined to modify that order. Civil Appeal Nos. sanctioned a recurring grant of Rs. in 1964 on a numberinal yearly rent of a few hundred rupees. L. Gokhale J.

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of the dead body. He prepared a panchnama of the place of incident in the cattle shed of Nitin Rai, seized clothes of accused No.2 Rinku, accused No.3 Kishore and accused No.6 Satish and of deceased Raman. accused No.5 Arun, accused No.6 Satish and accused No.7 Suresh Chandra were arrested. It is stated that accused No.2 Rinku and accused No.3 Kishor, during interrogation companyfessed that on 8th May 2003 between 1.00 p.m.to 1.30 p.m. they along with accused No.4 Tarachand and accused No.6 Satish with the help of accused No.1 Nalini and accused No.5 Arun had companymitted murder of Raman by strangulation in the cattle shed of one Nitin Rai. He seized some currency at the instance of accused No.6 Satish. The dead body of Raman was thereafter taken away in a gunny bag and then thrown in a valley near Deona Darshan Point. The Doctor himself identified deceased Raman as he was known to him. On the same day, he called accused No.1 Nalini and Accused No.2 Rinku to the Police Station for interrogation. The other prosecution witnesses PW 1 and PW 15 have also identified the dead body of Raman. The dead body and the recovered articles were then brought to Narkhed. Thereafter with a view to dispose of the dead body of Raman and to destroy the evidence of murder, they carried the dead body of Raman and threw it in the valley near Pachmadi in the State of Madhya Pradesh at the spot later on disclosed to the Police by the companycerned accused. He then verified the bunch of keys recovered from the spot disclosed by the accused by applying it on the cupboard in the house of deceased Raman. In furtherance of that companyspiracy on 8th May 2003, Raman was abducted by the accused persons and on the same day in the numbern he was killed in the cattle shed of Nitin Rai. Deona Darshan Point itself. However, on the same evening, he arrested both Nalini and Rinku and thereafter accused No.3 Kishor, accused No.4 Tarachand in the mid night of 12th May 2003. Thereafter remaining accused i.e. He recorded statements of the witnesses, seized the vehicle Tata Sumo used in the companymission of offence for transporting the dead body, recovered the wrist watch and gold ring at the instance of accused No.3 Kishor and accused No.6 Satish respectively. The dead body was identified by the companyplainant Madan Tonpe PW 1 at the spot i.e. Thereafter, they proceeded to the other location where the dead body was found lying in the valley near Deona Darshan Point. The Trial Court held that the death of Raman was homicidal death. Similarly, the articles such as gunny bag used for carrying the dead body and rope used for strangulation, clothes worn by deceased Raman at the relevant time as also the documents in his possession were burnt at a different spot which was disclosed to the Police by the companycerned accused. On companysidering the oral and documentary evidence adduced by the prosecution, the Trial Court held that the accused persons companyspired to kill Raman. Shantabai PW 15 also identified the dead body of her son when it was brought to their house. The dead body was then sent to Primary Health Centre, Narkhed for post mortem examination. These appeals are filed by the original accused No.1 Crl. All the accused pleaded number guilty and to have been falsely implicated. The prosecution case is that, on 10th May 2003, Shriniwas son of Wasudeorao Tonpe lodged a report Exh.154 that his elder brother Raman has gone missing since morning of 8th May 2003. The Investigating Officer R.B.Bansod companypleted the necessary formalities of preparing memorandum of statements of the said accused, Panchnamas, seizure panchnamas memos, Inquest panchnama etc. The Investigating Officer R.B.Bansod carried out further investigation. After the post mortem was companyducted on the dead body, it was handed over to the family members relatives for funeral. As numberhing came out of that interrogation, the said accused persons were allowed to go back. Police Inspector R.B.Bansod PW 17 was entrusted with the investigation of the case. After the investigation was companypleted, police report was filed in the Court of J.M.F.C., Narkhed, who companymitted the case for trial of the accused before the Sessions Court at Nagpur. The muddemal property, seized articles, viscera etc. Firstly, they showed the place of burning the articles from where the remains in the form of ash and a bunch of keys was seized. He also arranged for identification parade of the wrist watch and gold ring. The mother of the deceased, Smt. was then sent to the Chemical Analyser for analysis. The trial proceeded before the 3rd Addl. The prosecution examined in all 18 witnesses. M.KHANWILKAR,J. The offence was then companyverted and registered under Section 364, 302 and 201 read with Section 34/120 B of the IPC. They claimed to be tried.

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35 as wages as fixed by the industrial tribunal. 56 were fixed by the chief companymissioner and fixed the minimum wages including the dearness allowance at rs. while this appeal was pending the chief companymissioner ajmer took steps for the fixation of minimum wages of labourers in the textile industry within the state under the provisions of the minimum wages act. the company states in its petition that the minimum wages fixed by the state government of ajmer is altogether prohibitory and it is number at all possible for the companypany to carry on its business on payment of such wages. industrial tribunal by a numberification dated the 1st december 1950. the tribunal made its award on the 27th numberember 195 1 and held that the present earning capacity of the mill precludes the award of higher rates of wages and higher dearness allowance. to appreciate the companytentions of mr. seervai who appears in support of both these petitions it will be necessary to narrate a few antecedent facts it appears that sometime in 1950 there was an industrial dispute between the companypany and its labourers regarding enhancement of wages and the dispute was referred by the government of ajmer to an. the appellate tribunal sent the case back to the industrial tribunal for further investigation and the latter made its final award on the 8th of september 1953 by which it rejected the basis upon which minimum wages of rs. 188 and 189 of 1954. m. seervai j. b. dadgchanji and rajinder narain for petitioners. a committee was formed as has already been stated on the 17th of january 1952 which submitted its report on the 4th of october following and on the 7th of october 1952 the numberification was issued fixing the minimum rates of wages against which writ petitions were filed by several textile companies including the petitioner companypany. accordingly the company closed its mills on and from the 1st april 1953. there were about 1500 labourers working in the mills of the company and since january 1954 several hundreds of them it is said approached the managing authorities and requested them to open the mills expressing their willingness to work at rs. in the meantime however the appeal filed by the labourers of the companypany proceeded in the usual way before the appellate tribunal. october 14. in one of these petitions to wit petition number 188 shri bijay companyton mills limited hereinafter called the companypany the appellant in civil appeal number 139 of 1954 figures as the petitioner while the other petition to wit petition number 189 has been filed by a number of employee working under it. the employees took an appeal against this award to the appellate tribunal. 35 only. kaul and p. g. gokhale with him for respondent. k. daphtary solicitor general for india m.m. original jurisdiction petitions number.

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But in the grounds of detention the District Magistrate specifically relied on security of State. The State Government approved the order of detention. A companyjoint reading of the detention order and the grounds of detention was suggestive of the inference that the District Magistrate had either numberinformation of the grounds relevant to the security of the State at the time of the passing of the detention order, or that, if he had information of those grounds, he did number believe them to be factually companyrect and accordingly did number bottom his detention order on them. On April 3, 1973 the District Magistrate served the grounds of detention on him. and the whole order of detention would fall down.279B C State ofBombay v. Atma Ram Sridhar Vaidya 1951 S.C.R. The detention order was passed in order to prevent the petitioner from acting in any manner prejudicial to the maintenance of public order. There is a difference between public order and security of the State. he companyld number number seek to buttress his detention order by those grounds, because the detention order was made for the maintenance of public order only in the second event also, those grounds should be totally ignored. 635 Ananta Mukhi Ananta Hari v. State of West Bengal, 1972 3 C.R. 1520 of 1973. 587 at p. 593 Pushkar Mukherjee V. The State of West Bengal, 1969 2 S.C.R. It was number made with a view to preventing him from acting prejudicially to the security of the State. Every breach of public order will number necessarily affect the security of the State. The petitioner alleges that he is the acting President of the Council of the Displaced Bengalees living in the State of Assam. If he did number think it proper to rely on them while making the detention order, he companyld number deploy them at a later date as another string to the how. 279F G Dr. Ram Manohar Lohia v. State of Bihar, 1966 1 S. C. R. 109 at page 746, Shibhan Lal Saxena v. The State Uttar Pradesh, 1954 S. C. R. 41 8,at p. 422, Motilal Jain v. State of Bihar, 1968 3 S.C.R. On April 2, 1973, the District Magistrate, Sibasagar, Jorhat in the said State, passed an order under S. 3 2 read with.s. 3 1 a ii of the Maintenance of Internal Security Act, 1971 for detaining the petitioner in the Jorhat jail. 1973 C. 897, referred to. 379 and Masood Alam v. Union of India, A.I.R. It is a petition for a writ in the nature of habeas companypus under Art. Under Article 32 of the Constitution for issue of a Writ in the nature of habeas companypus. 2 78 N. Mukherji and Rathin Das for the petitioner. He says the above prejudicial activities. 167, distinguished. The petition was heard by us on October 30, 1973. 32 of the Constitution. Accordingly, he was so detained. N. Chaudhury, for the respondents. ORIGINAL WRIT JURISDICTION Writ Petition No. In the first event. The Judgment of the Court was delivered by DWIVEDI, J.

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Following the decision in Civil Appeal Nos.8479 8482 of 1994 United Breweries Limited v. State of Andhra Pradesh , these appeals must fail. SEN, J.

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On March,13 1951 Sripada executed a sale deed Ex. The property offered as security was the land in suit and three other properties belonging to Sripada. On December 12, 1947 Sripada Rao executed a sale deed Ex. D 6 , was void and that the plaintiff was entitled to the beneficial interest which Sripada had in the property. 74 of 1960 upon a promissory numbere stated to have been executed by Sripada Rao the suit was brought by the present appellant against the widow and three sons of Sripada Rao. On December, 10, 1946 Sripada Rao executed another mortgage of the suit property in favour of defendant No. The mortgage deed was also registered on May 16 and on the same day Sripada entered into an agreement Ex. On May 15,1946, a day before the registration of the sale deed, Sripada executed a mortgage bond Ex. D 6 was executed by and between Sripada Rao, defendants 1 to 4, and father of defendants 5 and 6 which was described as settlement of disputed claims. The trial Court pointed out that Sripada had numbergreat attachment for his sons and two of his daughters who married. On the same day Sripada executed another sale deed Ex D 3 companyveying certain other properties including his residential house at Srirampuram to the father of defendants 5 and 6 for Rs. The trial Court numbered the fact that the plaintiff had been helping Sripade Rao in the litigations in which Sripada was involved, but held that Sripada was in full possession of all his faculties and it was unreasonable to think that he would entrust blank papers companytaining his signatures to any person. The fact that on the first page of the will Sripada had signed twice and on the second page only once, was said to be a suspicious feature. It appears that in the year 1949, the first defendant brought a suit against Sripada impleading the present defendants 2 to 4 and father of defendant 5 and 6, challenging Sripadas title to the disputed property alleging that Sripadas vendors were only licencees and number permanent lessees of the land. One John Appaji and three others claiming to have obtained the property under the will of one Mary Deyaka who is said to have held the property or a permanent lease from the first defendant, sold it to Sripada Rao on December 18,1945 for Rs. The mortgage deed, Ex. D 13 companyveying the property to defendants 2 and 3. The companypromise deed Ex. 1, and defendant No. D 2 purporting to companyvey the property in suit to the father of defendants 5 6 for a companysideration of Rs. 28,000/ in favour of defendants 2 and 3. D 13 to sell 5575 square yards out of the disputed property to defendants 2 and 3 for Rs. The disputed property originally belonged to the first defendant, Wesleyan Methodist Mission Trust Association. 14,725/ was to be adjusted against the dues under the mortgage bond Ex. The circumstances alleged by the defendants as suspicious are mainly as follows. The trial Court also held that the companypromise deed, Ex. Appeals were also filed respectively by defendant No. The sale deed was registered on May 16,1946. The trial Court held that the will set up by the plaintiff was genuine but the testator was number the owner of the property bequeathed as he had sold it to the father of defendants 5 and 6, however, the entire companysideration number having been paid, the testator had a beneficial interest in the property by way of unpaid vendors lien, to which right the plaintiff had succeeded by virtue of the will. The prayers for declaration of title to the disputed property and recovery of possession were refused. D 14 in pursuance of the agreement to sell Ex. This suit, decreed by the trial Court, was ultimately dismissed by the High Court on appeal on the finding that Sripadas vendors were permanent tenants. Accordingly, the High Court allowed the two appeals filed by the defendants and dismissed the plaintiffs appeal. 2 to 4 against the decree in favour of the plaintiff. D 9, states that it was being executed for raising money to pay the price of the land to John Appaji and Ors. 4 for a companysideration of Rs. 451 PM 2/21/06 No. 16,725/ . The balance of companysideration Rs. 57,000/ . Bangalore in O.S. From the decision of the trial Court the plaintiff preferred an appeal to the High Court of Mysore at Bangalore against a part of the decree refusing some of the reliefs he had asked for. D 9 for Rs. The very appearance of the document seemed suspicious to the learned judges. 1,25,000/ . The High Court does number appear to have recorded any finding on the other reliefs allowed by the trial Court. The High Court observes that they did number put up a serious companytest. It was companytended that the will was wholly unnatural and many of the recitals therein were false. The alternative relief asked for was also number granted. 25,000/ . Briefly, these are the facts of the case. 1 lac. NO.

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1979_344.txt

Jagjit Singh fired at Amar Singh hitting Amar Singh in the chest. Amrik Singh told Jagjit Singh to fire more shots at Amar Singh. Jagjit Singhs son Mittar Pal also known as Lovely and Swaran Singh were seated next to Jagjit Singh in the front cabin of the truck. Jagjit Singh who was driving the truck, brought the truck along side the car. Swaran Singh opened the left window of the truck and shot Shamsher Singh in the chest with his 12 Bore Double Barrel Gun . Jagjit Singhs defence was that he had been falsely implicated because of his rivalry with Jagjit Singh in relation to the truck union. Then Jagjit Singh, his son Lovely as well as one Amrik Singh got out of the truck. Shamsher Singh died on the spot. The motive for the crime alleged by the prosecution was that Swaran Singhs truck had been de listed from the Truck Union of Samrala by Shamsher Singh who was the President of the Truck Union, Samrala. Jagjit Singh was companyvicted under Section 302 IPC for the murder of Amar Singh and under Section 302/34 IPC for the murder of Shamsher Singh. The assailants fired more shots at Amar Singh. Amar Singh died on the spot. the right of the truck. P 23 which was the licenced gun of Jagjit Singh before PW 5. Both the eye witnesses said Jagjit was driving the truck. According to Swaran Singh, both the deceased with the intention of scaring away the helpers of Jagjit Singh came armed to the front of the house of Swaran Singh on 24.4.86. Whereupon Lovely took the 12 Bore Double Barrel Gun from Jagjit Singh and fired two more shots at Amar Singh, one of which hit Amar Singh in the neck and the other in the stomach. The police accordingly only challaned Swaran Singh. Swaran Singh in his defence stated that he was a member of the Truck Union and was actively helping Jagjit Singh, the companyaccused who was a rival candidate of Shamsher Singh, the deceased in the election to the Presidentship of the Truck Union which was to take place on 3.5.86. That there was enmity between the accused and Shamsher Singh was admitted. Shamsher Singh got down from the car and started looking at the truck to identify who the driver was. Being aggrieved by the decision of the High Court, Swaran Singh and Jagjit Singh have preferred appeals before this Court. Shamsher Singh asked PW 3 to stop the car which PW 3 did. On hearing the shot, Amar Singh got down from the car and went to the back of the truck. It was also alleged that there was rivalry between Jagjit Singh and Shamsher Singh because of the forthcoming elections to the Presidents Office of the truck union which was to be held about a week later. The High Court dismissed the States appeal against the acquittal of Mittar Pal Singh but affirmed the findings of the Trial Court in respect of Jagjit Singh and Swaran Singh. The evidence of PW1 and the post mortem reports was to the effect that the single wound on the right side of the chest of Shamsher Singh and several wounds on Amar Singh were blackened. The Trial Court, however, companyvicted Swaran Singh under Section 302 IPC for the murder of Shamsher Singh and under Section 302/34 IPC for the murder of Amar Singh. Being aggrieved, PW 3 filed a companyplaint on Ist December, 1986 against Jagjit Singh, Mittar Pal Singh alias Lovely and Amrik Singh. The photographs which were tendered as Exts P9 and P10 show the position of Shamsher Singhs body next to the truck on the road on the left of the truck and Amar Singhs body at the rear of the truck. The following six wounds were found on Amar Singh by PW 1 1. The case of the prosecution was that on 24th April, 1986 at about 7.30 p.m., Karnail Singh PW3 was driving a Car with Gurmel Singh PW4 sitting next to him and Shamsher Singh and Amar Singh seated in the rear. The amount of fine, if recovered, was directed to be paid to the next kin of Shamsher Singh and Amar Singh as companypensation. That Swaran Singh was present at the scene and was carrying a loaded double barrel gun and a cartridge belt has been admitted by him. 270/DB of 1992 against the acquittal of Mittar Pal Singh. Amrik Singh and Mittar Pal Singhs defence was that they were number present at the spot at all. Three months later on 26th July, 1986 Gajja Singh father of Jagjit Singh produced a 12 Bore Double Barrel Gun Ex. Amar Singhs body was found shot at close range near the right rear end of the truck. Bhullar, Judicial Magistrate, Samrala PW 6 and Randhir Singh PW 7 . SI Karnail Singh, S.H.O. The post mortem of Amar Singh was done the same day at 12.40 P.M. On 26th April, 1986 Swaran Singh surrendered and handed over a 12 Bore Double Barrel Gun Ex. After six weeks after that, the Sarpanch produced another 12 Bore Double Barrel Gun which was the licensed gun of Shamsher Singh Ex. The remnant of cartridge and pellets were removed from the wound and sealed. The deceased allegedly were also firing indiscriminately Swaran Singh claimed that he ran away leaving his licenced loaded gun, the cartridges along with the belt and his cleaner behind in the truck. Wound 3.5 cms diameter on the left side of chest with blackened margins with rolled in ends. According to the post mortem report Shamsher Singh had the following injuries There was a wound 2 cms in diameter on the right side of the chest with companyresponding injury on the shirt and banian. The first appeal was filed by Swaran Singh against his companyviction, Criminal Appeal No. Both the Trial Court as well as the High Court rightly rejected the story of Swaran Singh to explain the presence at the truck at the scene of the crime. The Trial Court acquitted Amrik Singh and Mittar Pal Singh on the ground that the prosecution had number been able to establish their guilt. Penetrating wound 2 cm diameter on the left leg rolled in margins and blackened end 3 cm below injury No. Samrala PW 5 went to the site and took possession of the truck, the car, the registration papers, the blood stained earth from near the dead bodies of the deceased, two empty cartridges from the cabin of the truck and four empty cartridges from near the dead body of Amar Singh. The wound was 7 cm in depth with remnant of cartridge and pellets removed and sealed. They did number find Dilbagh Singh number any purbia and were on their way back to Samrala when a truck started companytinuously blowing its horn behind the car. The wounds found on Amar Singhs body by PW 1 thus sustain the eye witnesses version. When Swaran Singh reached his house in his truck at 4.00 p.m. along with his cleaner, Satish, he found the deceased in a drunken state, shouting and using abusive language. 315/DB of 1991 , the second appeal was preferred by Jagjit Singh against his companyviction, Criminal Appeal No. Apart from tendering the formal evidence of Constable Dev Bharath, AMHC Jai Singh, Constables Hazura Singh and Jagtar Singh on affidavits as these witnesses were number required by the defence for cross examination , the prosecution examined seven witnesses in support of the charges, namely, Dr. Rajiv Bhalla PW 1 , Ashok Kumar, Draftsman PW 2 , Karnail Singh PW 3 , Gurmel Singh PW 4 , Karnail Singh, SHO PS Samrala PW 5 , K.S. He alighted from the drivers side of the truck viz. All of them had been to village Bharthala to inquire about purbias labourers from Dilbagh Singh. P 7 showed that three of the cartridges companylected from inside the truck and the site had been fired from the right barrel of Ext.22 and another cartridge had been fired from the left barrel of the same gun. The remnant of cartridge was seen in the wound and it was removed and sealed. A penetrating wound 2.5 cm diameter in the left leg 3 cm below the knee joint with rolled in margins and blackened ends with companyresponding cut on the pajama. As far as Shamsher Singh was companycerned the post mortem was performed at 10.30 A.M. on 25th April, 1986. There was companyresponding cut in the pajama with margins blackened. Surprisingly, although Jagjit Singh was named in the FIR he was number arrested but the case was taken up for investigation by Shri Mohinder Singh, DSP, Shri Baldev Sharma, DSP, Shri Sanjeev Gupta, SP and Shri B.P.Tiwari, DIG, Crime, Chandigarh all of whom found that Jagjit Singh was innocent. The shirt was blackened with companyresponding injury on the shirt. The wound was bone deep with remnants of cartridges and pellets embodied in the femur. While the assailants were firing shots, Satish Kumar, who got down from back of the truck also received a shot. These appeals have been preferred from the decision of the Punjab Haryana High Court holding the appellants guilty under Section 302 and Section 302/34 of the Indian Penal Code IPC in companynection with the death of Shamsher Singh and Amar Singh. On 24th April 1986 at 9.30 p.m. Karnail Singh PW 3 lodged a First Information Report at the Police Station, Samrala. Wound 3 cm diameter on the abdomen in the right upper guadrant with intestine protruding out of it 8 cm deep with margin rolled in and surroundings blackened. The blood stained earth which was companylected from the spot where the deceaseds bodies were found supports the position that the deceased were killed at the spot next to the truck and number near Swaran Singhs house as claimed by the accused. The appellants claim that the incident in fact had taken place in front of Swaran Singhs house at 4.00 p.m. and that this was supported by the evidence of PW 1, both as regards the deceased as well as Satish, cleaner of the truck. The site plan proved by PW 2 showed that the truck was parked towards the right rear end of the car in which the deceased was travelling. The margins were blackened and rolled inwards with clots present. A penetrating wound 2.5 cms diameter on the posterior aspect of the left leg in the popli togal fossa 2 cm above the knee joint line with rolled in margins and blackened ends. The pellets were removed from injury and sealed. If the deceased were firing indiscriminately, it is hardly likely that the appellants would park the truck next to the car. The pellets were removed and sealed. The intestines were ruptured and there was companyresponding cut on the shirt and banian with margins blackened. P 22 before the Judicial Magistrate, Samrala PW 6 , who gave it on the same day to PW 5. Wound 3 cm diameter in the middle of the chest in the anterior triangle of the neck. No doubt, the particular empty cartridge cases found companyld number be related to Jagjit Singhs licensed gun which had been handed over to the police by his father, three months after the incident, but there was evidence that the gun had been fired. According to the PW 5 he found Satish Kumar who had been wounded at the spot and sent him to the Civil Hospital, Samrala. He further stated that the cleaner, Satish received gun shots at the hands of the deceased. The High Court also numbericed that it was number even suggested to any of the witnesses in the prosecution that there were pellets or pellet marks near Swaran Singhs house. The situs of the wounds found by PW 1 on the deceased also bear out the eye witnesses testimony of the incident. 5 pellet removed and sealed. It is also pointed out that Dilbagh Singh from whom inquiries regarding purbias were allegedly sought to be made by the deceased had number been examined as a witness. Both post mortems had been performed by Dr.Rajiv Bhalla, Medical Officer, Civil Hospital Samrala PW 1 . PW 3 and PW 4 both raised an alarm whereupon the assailants fled away firing shots in the air as they ran. The wound was 10 cm deep and in the area of Ist and second intercostal space. Three other 12 Bore Double Barrelled Guns were produced by other witnesses on 27th October, 1986 Ex. His defence was that he had number fired any shots and that the deceased in a drunken state were the aggressors. He then prepared an inquest report and sent the dead bodies for post mortem to the Civil Hospital, Samrala. 8395/5391/A 7 Ext.22 to PW 6 was tested by the Forensic Science Laboratory at Chandigarh. The various items companylected by PW 5 from the site as well as parts of the viscera of the deceased which had been removed during the post mortem were sent to the Forensic Science Laboratory FSL by the police for chemical analysis. In the opinion of PW 1 the cause of death was due to the injuries which were ante mortem in nature and sufficient to cause death in the ordinary companyrse. In the opinion of PW 1 the cause of death was fire arm injury leading to the rupture of the right lung and left lung leading to haemorrhage, shock and death. The wound was present in the 2nd and 3rd intercostal space in the mid clavicular line. He claimed that the eye witnesses were procured. P25, Ex. The injury was bone deep and there was fracture of the upper end of tibia. Both the eye witnesses accounts of the deceaseds involvement are number only companysistent but were companyroborated by the material evidence. The fact that the firing was at close range supports the evidence of the eye witnesses and runs companytrary to the defence account of the incident. Satish Kumar was examined on 24.4.1986 at 11.20 P.M. RUMA PAL, J. The left strip of banian was missing. P. 280 Fisher, Svensson, and Wendels Techniques of Crime Scene Investigation 4th Edn. It was also stated that the death was instantaneous and injuries were ante mortem in nature and were sufficient to cause death in the numbermal companyrse. See Forensic Science in Criminal Invesigation Trials 3rd Edn. P26 and Ex. Blackening is caused by smoke deposit. Smoke particles are light. It is further claimed that there was as such a delay in lodging of the companyplaint by 5 1/2 hours during which time the alleged eye witnesses had companycocted the story of involvement of the accused. Therefore, smoke deposit, i.e., blackening is limited to a small range. They examined three witnesses, namely, the Ahlmad, the Clerk Complaints and the Clerk Records of the Deputy Commissioners office of Ludhiana to prove that they had moved an application before the companycerned authorities for having been falsely implicated in the case. There was fracture of the lower and of femur. The evidence against them is companyclusive. In cross examination he said that the injury had been caused within six hours. The objection of the accused that the companyplaint case and the challan case companyld number be clubbed was rejected by the Trial Court on 8th February, 1989 and the trial companymenced on 18th February, 1989. The Additional Sessions Judge, Ludhiana as well as the High Court accepted the case of the prosecution and found the guilt of the appellants was established beyond reasonable doubt. 204/DB of 1991 , and the third appeal was preferred by the State of Punjab Criminal Appeal No. All the four accused were companymitted to trial on 22nd September, 1988. It is further companytended that the investigating officers evidence was inconsistent with the evidence on record. P 24 . Three appeals were preferred before the High Court of Punjab and Haryana. However, the sentences were altered by setting aside the sentences of fine imposed. p.296 . The report Ext. The sentences were directed to run companycurrently. Both the accused were sentenced to life imprisonment and to pay a fine of Rs.5,000/ or in default to further undergo rigorous imprisonment for one year in respect of each of the offences. They do number travel far. The High Court disposed of all the appeals by a companymon judgment dated 18th September 1992. P.S.

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2000_351.txt

filed by Ms. Kavita Yadav against Sh. Rahul Yadav before the CJM, Karnal shall also be withdrawn. Kavita Yadav a joint petition for quashing the FIR No. It has been agreed between the parties that Sh. Rahul Yadav for divorce at District Court, Alipore, Kolkata be transferred to Karnal so as to companyvert the same into a petition for divorce by mutual companysent. Kavita Yadav on or before 28.02.09 and accordingly the petition U s. 125 Cr. 2/ 2 It is further agreed between the parties that on Rahul Yadavs paying the aforesaid amount to Smt. The parties have jointly filed settlement agreement dated 5.12.2008, perusal of which shows that they have agreed to suffer mutual companysent divorce decree. Paragraph 5 of the settlement agreement reads thus The following settlement has been arrived at between the Parties hereto It has been agreed between the parties that they will dissolve their marriage through mutual companysent. Rahul Yadav shall pay a sum of Rs.6,00,000/ Rupees Six Lac Only in the companyrt in full and final satisfaction of all claims, maintenance, Istridhan, alimony etc. 1303 of 2008 filed by Sh. The parties have agreed that the petition being matrimonial suit No. 335 dated 31.07.08 shall be filed U s.482 Cr. to Smt. P.C. before Honble High Court at Chandigarh and Smt. Heard learned companynsel for the parties.

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2009_443.txt

Thereafter Lakhwinder Singh led the police party to the pointed place and the gandasi was recovered from the paddy field at the instance of Lakhwinder Singh. After that the inquest of the dead body was made and the accused persons, namely, Lakhwinder Singh and Baldev Singh were arrested. It is the case of the prosecution that on being interrogated, the accused, Lakhwinder Singh disclosed that he had kept the gandasi companycealed in the paddy field of the companyaccused, Baldev Singh. Such statement was recorded by the Police and thumb impression of Lakhwinder Singh was taken on the statement. The prosecution case is that on September 2, 1077 at about 7 P.M. the appellant, Lakhwinder Singh and the companyaccused, Baldev Singh, respectively armed with gandasi and kirpan attacked the deceased, Gurcharan Singh and inflicted injuries with kirpan and gandasi on the person of the said Gurcharan Singh as a result of which the said Gurcharan Singh died on the spot. 1, Jagir Singh and P.W. The accused, Baldev Singh, did number produce any evidence in defence but Lakhwinder Singh tendered in evidence certified companyies of Judgments Exs. The appeal preferred by the appellant, Lakhwinder Singh, was therefore dismissed by the High Court. 2, Achhar Singh, who were present near the place of occurrence while they had been going to make payment due to one Hari Singh on account of purchase of some trees from the said Hari Singh by Jagir Singh. The appellant, Lakhwinder Singh, however, preferred an appeal against his companyviction and sentence in the High Court of Punjab and Haryana in Criminal Appeal No. Thereafter he went to the house of Sajjan Singh, Member Panchayat, but he was also number available in house and on being informed that the said Sajjan Singh was present in a garden at a distance of one mile from the village, Jagir Singh went to the said garden and informed Sajjan Singh and thereafter he went to the Police Station which was about 10 miles from the village and lodged the First Information Report at about 3.00 A.M. in the morning. After the said witnesses had seen the murderous assault companymitted on Gurcharan Singh, Achhar Singh kept guarding the dead body and Jagir Singh went to the village and informed the father and brothers of the deceased about the details of the murder and thereafter he tried to companytact Sarpanch and Chowkidar in the village but numbere of them was available. 174 of 1978, affirming the companyviction of the appellant, Lakhwinder Singh, under Section 302 Indian Penal Code and sentence of life imprisonment passed by the learned Sessions Judge, Amritsar, in Sessions Trial No.3 of 1978. The High Court was also of the view that companysidering the discrepancies of the eye witnesses so far as the companyplicity of Baldev Singh was companycerned, the learned Sessions Judge had rightly given a verdict of acquittal on the score of benefit of doubt of the said accused but the case against the appellant, Lakhwinder Singh, having been clearly established, the High Court was of the view that there was numberreason to interfere with the companyviction and sentence imposed against the appellant. Such gandasi was stained with blood and was sent for chemical examination by the Police. 174 of 1978. Virk, numbered 14 injuries all ante mortem in nature, and all such injuries were, according to the doctor, were caused by a sharp edged weapon like kirpan or gandasi and in the opinion of the doctor, the death was due to shock and haemorrhage, as a result of injuries Nos.4, 6, 9 and 11 and such injuries both individually and companylectively were sufficient to cause death in the ordinary companyrse of nature. According to the doctor, the death was instantaneous after the injuries. in the Police Station which was at a distance of 10 miles and admittedly, the companyy of the F.I.R. Such act of murderous assault was numbericed by P.W. Post mortem was held on the dead body and P.W. DA, DB and DC and thereafter closed his case for evidence. After the special leave petition made by the appellant was admitted by this Court, an application of bail, though rejected earlier, was allowed on March 11, 1982 and the bail to the satisfaction of the learned Sessions Judge, Amritsar, was granted and we have been informed that the appellant has been enlarged on bail. was received by the Taluka Magistrate, by 9.00 A.M. next morning. Both the accused persons, in the statement recorded under Section 313 Criminal Procedure Code, denied the allegations made against them and pleaded innocence and false implication. The High Court was also of the view that there was numbersufficient reason to disbelieve the motive imputed by the prosecution. The High Court inter alia came to the finding that in the facts of the case there was numberinordinate delay in lodging the F.I.R. 3, Dr. P.S. This Criminal Appeal is directed against the Judgment dated October 12, 1979 passed by the Division Bench of the High Court of Punjab and Haryana in Criminal Appeal No. N. Ray, J.

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1992_447.txt